The Research On The Presumption Of The Purpose Of Illegal Possession Of Fund-raising Fraud

"Illegal Possession Purpose" is an important symbol to distinguish between fraudulent fund-raising and other financial crimes.How to correctly determine whether an actor's behavior has "the purpose of illegal possession" has always been a problem in judicial practice.In judicial practice,China's determination of "illegal possession purposes" adopts a presumption method.Under the premise that there is no valid counter-evidence,there are presumed actors based on objective facts to have "the purpose of illegal possession." Through the case study of fraud crimes of fund-raising,it was found that in criminal proceedings,the public prosecutor's unit identified the “illegal possession purpose” as having identified mistakes through seven types of basic facts.It was manifested as illegally assuring that the general unlawful absorption of public deposits was illegal."Possession" of fund-raising fraud.The reason for this is that the judicial staff has an error in recognizing how to determine the purpose of "illegal possession." This has led to differences in the results of judicial decisions.In order to overcome the limitations of using the presumption method to identify the illegal possession of fraud in fund-raising fraud,the author proposes a presumption rule for the determination of the “illegal possession purpose” of fraud in fund-raising by collecting cases and combining with the presumption theory in criminal law.Evidence proves that the basic facts prescribed by the law are intended to determine that the defendant has "the purpose of illegal possession," and the defendant has filed a counter-evidence.The public prosecutor needs to prove that the defendant's counter-evidence is not established and the defendant is found to have "the illegal possession purpose";When the method is used to determine the purpose of “illegal possession”,it cannot adopt a presumption method when identifying basic facts.The identification of basic facts must strictly abide by the rules of proof that the facts are clear and the evidence is sufficient;the most important point is to attach importance to the presumption of counter-evidence and improve the anti-evidence mechanism;Finally,the use of presumptions in the field of criminal law to identify “illegal possession purposes” should follow the principle of modesty in criminal law and must not be abused.