The Determination Of "the Purpose Of Illegal Possession" In The Crime Of Fraud

This article is based on the current practice of the dispute problem-the crime of fraud and civil disputes are difficult to distinguish the dilemma,and then triggered the writing inspiration of this article.The objective behavior characteristics of the two have a high degree of similarity,and there is no clear reference basis for the seriousness of the behavior nature,so the essential difference between the two lies in whether the actor has the purpose of illegal possession.But "illegal possession purpose" is the idea hidden in the heart of the doer,so how to accurately identify the "illegal possession purpose" of the crime of fraud is very important.The "purpose of illegal possession" of the crime of fraud and the "obtaining illegal benefits" of civil fraud are profit-driven,but the interests pursued by the two have the difference of "whole" and "part"."Illegal possession purpose" is the goal of pursuing the maximization of interests,while "obtaining illegal interests" is only the idea of "taking advantage".Accurate in practice,whether that person has "the purpose of illegal possession",is bound to use criminal presumption,the presumption,the actor’s state of the economy and its subsequent behavior together,can infer the behavior person to the other party relief way unblocked,held by the attitude,is the hope,let,or don’t want to,Furthermore,it can be used as the basis for judging whether the "purpose of illegal possession" exists."Illegal possession purpose" usually exists after the act of cheating.If it is considered that this kind of "illegal possession purpose" after the act of fraud intentionally meets the "illegal possession purpose",it violates the principle of coexistence of act and responsibility.On the contrary,if it is believed that the crime of fraud intentionally does not conform to the subjective composition,compared with the crime of embezzlement,it obviously violates the analogy principle of "light to light",so whether it is affirmative or negative,there are some deficiencies.