Study On The Judicature Recognized Of The Purpose Of Illegal Possession Of The Crime Of Fundraising Fraud

About how to distinguish the crime of fundraising fraud and the crime of illegally absorbing public deposits,the consistent view in criminal law theory is to distinguish the two with or without subjective purposes of illegal possession rather than with or without fraudulent means,because the actor of crime of illegally absorbing public deposits may also take some fraudulent means to absorb fimds on a larger scale.China,s criminal law theory usually defines the purpose of illegal possession subjectively with the inner intention of "illegal possession,permanent possession and no intention to returm1'.The method of proving this subjective intention is judicial presumption.In practice,when the actor takes the method of "returning the old money with the new" to raise funds,and explains that "he always has the intention of paying back the arrears",it is very easy for the judicial personnel to vacillate between the subjective intention of theillegal occupation of capital funds and illegal possession of capital funds.As a result,the proof of the purpose of illegal possession in practice becomes a judicial dilemma.Through the analysis of the advantages and disadvantages of the existing judicial presumption standards,the analysis of the domestic and foreign theoretical circle's understanding of the connotation of the purpose of illegal possession,this paper thinks that the theoretical system of crime constitution in China should be taken as the starting point,on the premise of distinguishing different types of property crimes,In the end,the connotation of the purpose of illegal possession in the crime of fund-raising fraud is defined as the actor's subjective intention to cause property damage to others.Based on the concept of property damage,this paper holds that the repayment intention and repayment ability of the actor in the course of fund raising is an important basis for judging whether there is an intention to cause property damage.By guiding the application of judicial presumption standard with the above connotation,the purpose of this article is to avoid as far as possible the bias in the judicial presumption application process,meanwhile to put forward Suggestions to further improve the standard of judicial presumption.