Judicial Determination Of The Purpose Of Illegal Possession In The Crime Of Fund-raising Fraud

When it comes to fund-raising fraud,we must understand its origins.In 1920,a American financier who called Charles Ponzi carefully planned a scam,claiming to local residents that he could double their investment in three months.Investors who did not know the truth made a lot of investment.Ponzi used some of the late investment to pay the pre-investors's principal and interest,then he carried huge sums of money and disappeared.The scam was seen as the earliest fund-raising fraud activity that clearly documented.So in foreign countries,fund-raising fraud was called"Ponzi.scheme".Foreign economists have done a lot of research on fund-raising fraud,and they believed that it came after the duality of the economy and was promoted by and arose out of the dual differentiation of the formal financial system and the underground financial system.They predicted that it would be the inevitable and insurmountable problem that widespread in developing countries.As a large developing country,China has always been on the road to reform.As the cornerstone of the country,the reform of the economic system can be described as earth-shaking.Looking back on the economic reform process in the past 30 years,the reform is generally fruitful and has effectively promoted the development and leap of China's comprehensive national strength.However,with the reform of the economic system into the deep water area,the contradiction between supply and demand of funds in the market economy field in China has become prominent,resulting in a large number of social idle funds taking risks in exchange for illegal high returns.This situation has brought financial crimes.The continually eruption of illegal fund-raising crimes in recent years are true facts.In order not to repeat the mistakes of the capitalist countries,our government has long begun to pay attention to the infringement of social development caused by illegal fund-raising.From the initial intervention with administrative means,to the subsequent introduction of a series of criminal laws,regulations and judicial interpretations,all of them have demonstrated our firm determination and courage to crack down on illegal fund-raising.However,there are often deviations between the formulation and implementation of laws.In particular,the determination of"illegal possession purpose"in the crime of fund-raising fraud has become a difficult problem that has long plagued the academic theory circle and judicature practice circle.Discussed the identification from the perspective of rules and methods,the theory world has already been a"hundred schools of thought".Then to the specific judicial case,whether it is the"Wu Ying case"that shocked the whole country,or almost every case of fund-raising fraud handled in practice,the disputes over the identification of"illegal possession purpose"have never stopped.From the perspective of judicature practice,this paper analyzes the problems found in the judicial process of fund-raising fraud cases in Henan X city.It combines the existing laws,judicial interpretations in China and scholars'views,and conducts empirical analysis to explore the accurate determination of“illegal possession purpose"in the crime of fund-raising fraud in judicature practice.This paper starts from four parts to explore the judicial determination of the"illegal possession purpose"of fund-raising fraud crime.The first part analyzes the evolution of the legislative rules and the present judicial situation of fund-raising fraud crime in China.First of all,this part analyzes the incrimination process of fund-raising fraud and the introduction of relevant judicial interpretations.Secondly,it takes X city of Henan as an example to illustrate the handling of fund-raising fraud in judicature practice.The second part defines the meaning of the"illegal possession purpose"of fund-raising fraud.First,it sorts out the views of experts and scholars at home and abroad.Secondly,it compares and analyzes these views.Thirdly,it puts forward the personal view of the determination of"illegal possession purpose"in the crime of fund-raising fraud.The third part analyzes the problems of the determination rules of"illegal possession purpose"of fund-raising fraud in China.First,this part summarizes the existing determination rules.Second,by analyzing one case,it illustrates the specific embodiment of disputes over the determination rules of"illegal possession purpose".Third,it proposes the flaw of present determination rules of"illegal possession purpose"of fund-raising fraud crime.The fourth part puts forward the suggestions on improving the legislation and judicial interpretation of the"illegal possession purpose"of fund-raising fraud crime in China.Besides,it redefines the determination rules of"illegal possession purpose"in fund-raising fraud crime.First,the choices of legislative model is proposed;secondly,the principles of improving judicial interpretation is proposed.Third,the personal view of the "illegal possession purpose" determination rules of fund-raising fraud crime is proposed.