Study On The Purpose Of Illegal Possession Of The Crime Of Fund Raising Fraud

The purpose of illegal possession is an indispensable tatbestand of the crime fund-raising fraud.The determination of it in the crime of fund-raising fraud should base on the subjective state before acts of the actor,then analyse the use of funds by the actor,and the attitude of the actor towards the return of funds afterwards.After illegal fund-raising,if the actor uses the funds for normal production and operation,invests in stock which is with greater risks,or purchases Futures,it should not be with the purpose of illegal possession.But if the actor uses funds for gambling and other illegal activities,it shall be the crime of fund-raising fraud.Based on the comprehensive analysis of fund-raising fraud cases,there are many difficulties in determining the purpose of illegal possession in practice.This paper will mainly discuss three difficulties.First,in the process of raising funds,there exists the transformation of the purpose of illegal possession.If the purpose of holding the raised funds changes from the use for daily operation of the company to the individually illegal possession,the method of post-evaluation can be used to determine whether the actor has the purpose of illegal possession.Secondly,in practice,there are always electronic or paper loan contracts signed between the actor and the victim,so that the actor denies his criminal act and the purpose of illegal possession by the valid contracts.Finally,as one of the financial crimes,the subjective aspect of the crime of fund raising fraud is totally different from other illegal fund raising crimes,that is,it requires the actor’s purpose of illegal possession.The main distinction between the crime of illegally absorbing public deposits and the crime of fund-raising fraud in criminal law is also the purpose of illegal possession.Due to the vagueness of legal provisions,in recent practice,there are inevitably some big disputes in the determination of the purpose of illegal possession among public security organs,procuratorates and courts.Therefore,this paper will discuss the determination of "illegal possession purpose" of the crime of fund-raising fraud from multiple perspectives,then come up with some personal thoughts and suggestions.