Confirmation Of The Purpose Of Illegal Possession In The Crime Of Fund-raising Fraud

In recent years,the frequent occurrence of fund-raising fraud has aroused widespread concern in public.Zeng Chengjie is the last offender being executed the death penalty because of the crime of fund-raising fraud.This case is a controversial issue constantly discussed among legal field.According to China's current Criminal Law,the crime of fund-raising fraud is an important crime in financial fraud,but there exists a big controversy in the process of identification.Moreover,the statutory maximum sentence of fund-raising fraud before the Ninth Amendment of the Criminal Law is death penalty.After that to the date of this paper's publication,the statutory maximum sentence is life imprisonment.It is of great significance to study the problems existing in the process of identification of crimes due to the concern of loss of the life rights and the deprivation of the personal freedom.This paper researches on the identification of the intention of illegal possession of fund-raising fraud and is divided into four parts: the proposal of the problem,the analysis of the focus of the dispute,the analysis of the specific case,and the solution to this problem.This paper aims to analyze the controversy in indentifying the intention of illegal possession in the judicial practice,such as the objective conviction of crime,the two-tiered crime constitute,the confusion of connotation and extension of the intention of illegal possession in civil law and criminal law,the failure to establish the crime of fraud by the indirect intention,the inaccurate affirmation of time point of intention of illegal possession and the presumption through blindly applying the provisions without the compliance between subjectivity and objectivity.This paper also describes the strict distinction between private financing,illegal fund-raising,and fund-raising fraud.The criminal judgement is supposed to be convincing reasonably and lawfully.In the absence of ‘the crime of embezzling of fundraising',‘the crime of destroying fundraising',and ‘the crime of the loss by mistake',it is necessary to rationally utilize ‘the crime of illegally absorbing public deposits' and 'the crime of fund-raise fraud'.Formulating the relief mechanism to victims of being a shareholder to reduce the actual loss of the victim.The anti-presumptive method and the criminal law thinking can be used to strengthen the dual argumentation of convicting the crime of fund-raising fraud and the criminal law thinking is used to improve the accuracy of conviction and reduce the dispute in the identification of intention of illegal possession.