An Empirical Study On The Judicial Determination Of The Crime Of Raising Funds For The Purpose Of "Illegal Possession"

With the rapid development of the market economy,the number of fund-raising fraud cases in China is also growing rapidly."The purpose of illegal possession" is an important indicator to distinguish between the crime of fund-raising fraud and other financial crimes.How to correctly determine whether the perpetrator has "the purpose of illegal possession" has always been a problem in judicial practice.Although the judiciary has issued three judicial documents in order to guide the identification of "the purpose of illegal possession",there are still problems in the judicial practice,such as difficulty in identification,simplification of subjective identification standards,and fuzziness in subjective time.In order to explore its limitations and future improvement directions,the author searched out 3,869 cases of fund-raising fraud cases,and randomly selected 390 judgments for statistical analysis and analysis,and strived to provide effective improvement methods for judicial practice.This article is divided into five parts,a total of more than 23,000 words.The first part,introduction.This part first introduces the current situation and existing problems of the judicial identification of "the purpose of illegal possession" in the crime of fund-raising fraud.Secondly,it introduces domestic and foreign doctrines,including several theories and evaluations in Germany,Japan,the United Kingdom,the United States and China.After that,I clarified the author's understanding of the connotation of "the purpose of illegal possession",that is,supporting the general view,which is considered to have the meaning of exclusion and utilization.Finally,the selection and research methods of the sample are explained.The website and the year from which the 390 judgments are counted in this paper are pointed out.This paper mainly uses empirical research methods for analysis.The second part is the analysis of judicial identification data for the purpose of illegal possession.This section analyzes the 390 judicial jurisprudence collected through the presentation of data and charts.Including the analysis of the conviction of the sample case(such as the defendant's court attitude,conviction results),the defendant's grounds for rebuttal and the type of basis for the court to determine "for illegal possession",the actual use and flow of funds in the case,the accused It has the factors considered in the case of "illegitimate possession",the judgment in the judgment that "the purpose of illegal possession" is generated,and whether the judgment process is elaborated in the judgment.The third part is the problem of the identification of the crime of fraudulent use of datafor the purpose of illegal possession.This part mainly combines the above data and charts to summarize the problems in the current judicial practice of the crime of fund-raising fraud "for the purpose of illegal possession".Including unfounded behaviors that have the purpose of "illegitimate possession",the de facto "cannot be returned" to presume the purpose of possession,and the difference in the time of "unlawful possession",and the process of identification is not fully discussed.The fourth part analyzes the reasons for the existence of the problem of "the purpose of illegal possession" in judicial practice.This part explores the causes of the problems based on the existing problems in the previous part of the judicial practice.That is,excessive dependence on the current judicial interpretation,lack of emphasis on legal basis,uneven quality of judicial workers,and problems with presumptive rules.The fifth part is to improve the recommendations.This part mainly focuses on the problems analyzed in the third part,and proposes perfect suggestions accordingly.Including the principle of presumption of innocence,the combination of affirmation and negation,the change of the mode of simple result determination,the clear definition of the time point for the purpose of "illegitimate possession",and the detailed description of "the purpose of illegal possession" in the judgment Process,control the improper expansion of judicial recognition.