Research On The Judicial Determination Of The Crime Of Fund-raising Fraud For The Purpose Of Illegal Possession

For a long time,the judicial determination of the crime of financing fraud "illegal possession purpose" has been troubling our criminal law circle.At present,the causes of various problems in practice identification are mainly in the following aspects.First of all,the purpose of illegal possession of fund-raising fraud theory debate,such as tong said that fund-raising fraud "illegal possession for the purpose" exists in direct intention,however,the "existence" of the specific state,the theoretical circle lack of in-depth research;Second,the judicial determination of the practical field is divorced from the criminal law theory.For example,both the minutes of the meeting and the interpretation of illegal fund-raising in 2010 take the latter as the determination basis,which undermines the principle of consistency between the subjective and the objective.The conclusion thus formed cannot truly reflect the subjective mentality of the actor at the time of fund-raising.Finally,the judicial determination method lacks the characteristics of criminal law.Admittedly,as a judicial law,criminal law is practical and procedural.Although the method of criminal presumption has been the general method to determine the subjective elements of crime in the criminal law,the conclusion formed by the lack of inter-subjectivity is not reliable.In the context of the crime of fund-raising fraud,the purpose of illegal possession has the key mark of distinguishing crime from non-crime,this crime from that crime,and its determination is directly related to judicial justice and human rights protection.To solve the above problems,this article mainly from the perspective of the connotation of the crime of fraud of the raise "the purpose of illegal possession",combining with the study of the essence of judicial cognizance,to raise the context of crime of fraud of the "purpose of illegal possession" point to redefine,degree,put forward with the fund-raising fraud "purpose of illegal possession" match the real connotation and the justice of judicial cognizance method.This paper is divided into four chapters:The first chapter is based on the Nanjing from 2011 to 2018 has accepted the 12 pieces of fund-raising fraud effect to judge the statistical analysis of the documents,the fund-raising fraud "purpose of illegal possession" current situation,analyzes the causes of justice,not only the key to draw a fund-raising fraud conviction sentencing is accurately identified "purpose of illegal possession",and points out that the potential pitfall is that "the purpose of illegal possession" controversy,the judicial interpretation of the theory of the lack of accurate understanding and improper judicial cognizance method.The second chapter is the combination of traditional criminal law theory,the purpose of illegal possession of fund-raising fraud legal analysis.Through existing fund-raising fraud analysis,"the purpose of illegal possession" different views on"illegal possession" all "illegal" meaning of criminal law,based on the combination of funds raising object holds that all properties,in defining the crime of fraud of the raise"the purpose of illegal possession" based on special meanings,to redefine point problem and degree,and in combination with an accomplice and unit crime pattern are discussed.The third chapter discusses from two aspects:one is to divide the judicial interpretation into four categories,such as "causes the fund collection cannot be allowed",to define the common disputes in the judicial interpretation,and to propose that the judicial interpretation only has auxiliary demonstrative significance in the judicial determination.The second is from the subjective element identification method,through the analysis of the specific identification method,proposed that the judicial identification of fund-raising fraud "illegal possession purpose" method should be a corollary rather than a presumption,and the judicial identification of the introduction of inter-subjective method of important practical significance.Chapter four is mainly divided into two parts.One is based on the study of the second chapter and the third chapter,it puts forward a new approach to judicial determination.On the macro level,in the judicial determination,we should adhere to the principle of consistency between subjective and objective,protect the legitimate rights and interests of the accused and the principle of criminal modesty.On the micro level,in the whole process of judicature,the defense can be enhanced under the background of the differences of the litigation subjects.The second is taking the fund-raising fraud case of Wu-ShangFeng in BoZhou city,AnHui province as an example to analyze the "illegal possession purpose" of fund-raising fraud,in order to further verify the application of inter-subjective method in judicial practice.