| The crime of fund-raising fraud is an important crime in the financial field of our country,among which the most controversial point is how to correctly understand and apply the element of "purpose of illegal possession".A correct understanding of this element is not only helpful to distinguish the crime of illegally absorbing public deposits from the crime of fund-raising fraud,but also conducive to the spirit of protecting private economy advocated by the state.For a long time,different scholars have proposed many different theories,and the essential feature of "the purpose of illegal possession," said occupy the mainstream position of the judicial practice,but this kind of theory there is a large defect,generally exist in the criminal punishment of the crime of fraud of the fund-raising,which in turn with the current our country’s economic development policy,criminal justice spirit is not consistent.Based on this background,how to correctly understand the purpose of illegal possession has become a problem that the research field of fund-raising fraud must face.Therefore,from the specific meaning and attribute of the purpose of illegal possession,analyze the contents of each theory and the problems existing in the current judicial interpretation and practice.Some suggestions are put forward,such as putting the purpose of illegal possession into the market economy environment for limited interpretation,taking the theory of intentional damage to property as an important reference standard,strengthening the role of professional qualification certificate in identification,understanding the purpose of illegal possession according to the relevant laws and regulations of economic supervision units,and setting up a unified standard for comprehensive application of judicial interpretation.In "Amendment（Ⅺ）to the Criminal Law of the People’s Republic of China" to modify fund-raising fraud has yet to highlight the effect of phase,to strengthen the standard of "the purpose of illegal possession",could be identified on the question of crime and is not a crime to provide more help,at the same time of reducing disputes,also can provide sanctions of crime emerging industry with certain theoretical support. |
