Judicial Recognition Of The Purpose Of Illegal Possession Of The Crime Of Fraudulent Fund-Raising In P2P Online Lending

P2P online lending has special attributes such as virtual,risk and innovation.In the process of recognition of the crime of fraudulent fund-raising in this field,judicial practice has encountered many blind spots and difficulties,especially the recognition of the purpose of illegal possession.The meaning of "the purpose of illegal possession " in criminal law is "illegal possession" or "permanent possession".Based on this,the judicial documents list the identified "illegal possession purpose" as objective actions Connotations such as "improper use" and "long-term possession" have been added,and there is a tendency of presumption from subjective and objective consistent principles to subjective or objective aspects.Although the conclusion of the criminal presumptionmethod is not always correct,the criminal presumption method is often the main and sometimes even the only method to determine the illegal possession of the subjective purpose by the actor.In order to make the criminal presumption of illegal possession more reasonable in the field of P2 P online lending,this article uses SPSS statistics,and through a large number of case statistical analysis,studies the factors that affect the recognition of illegal possession,and confirms that the level,position,and profit,the purpose of establishment,the use of funds are related to the recognition of the purpose of illegal possession.On the premise of adhering to the principle of the Restraining Criminal Law and the principle of unification of subjectivity and objectivity,it is recommended to try to integrate commercial thinking,emphasize the profit purpose and profitability of the use of fundraising funds,and separately conduct illegal possession of Positive and negative presumption ideas.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter summarizes the development history of P2 P online lending in China and common operating models and characteristics,and points out that the alienated P2 P platform operating model has touched the red line of illegal fundraising.In the context of cracking down on illegal fund-raising activities in China,on the one hand,by combing the cases,it is pointed out that the identification of illegal possessionpurposes is controversial in judicial practice;on the other hand,it is pointed out that the P2 P financial innovation model poses new challenges to the identification of illegal possession purposes.The second chapter mainly conducts further statistics,induction and analysis of the case samples.First,it sorts out several common controversial points about whether the defendant has "illegal possession purposes",analyzes them in combination with specific cases,and then uses the SPSS statistics.Select the level,position,profit,establishment purpose,proportion of non-returned fundraising funds,and use of funds as variables,and analyze the correlation between this variable and the "illegal possession purpose" determination through the SPSS contingency table.The statistical analysis results are: level,position The profit situation,the purpose of establishment,the use of funds are related to the determination of the purpose of illegal possession,and the proportion of the funds not returned is not related to the determination result.The third chapter is based on understanding and grasping the connotation of "illegal possession purpose" of criminal offences in criminal law theory,combining China's criminal law and relevant regulatory documents,clarifying the connotation of this element of the crime of fund raising fraud,and criminal presumption of the purpose of illegal possession The method was reflected,and it was proposed that the criminal law should be implemented in a modest manner whendetermining the purpose of illegal possession of funds fraud in the P2 P field,incorporating commercial thinking in analyzing the use of fundraising funds,and interpreting the expansion of "production and operation activities" as "for-profit activities".By judging that the use of fundraising methods has a value-added effect,so that it has a profit purpose,comprehensively evaluate the profitability of profit-making activities,and thus judge the realistic possibility of repayment of principal and interest.On the basis of general inferences based on SPSS frequency statistics,a counter-proven idea is added to whether P2 P platform related personnel have the purpose of illegal possession.