The Judicial Cognizance Of "The Purpose Of Illegal Possession" In The Crime Of Fund-raising Fraud

In the distinction of illegal fund-raising cases,whether the perpetrator has "illegal possession purpose" of the fund-raising funds is an important indicator to distinguish the crime of fund-raising fraud and the crime of illegally absorbing public deposits.This requires the case-handling organ to combine theory with practice,unify the subjective and objective,and standardize and institutionalize the collection and identification of evidence in each stage of judicial activities of the case when determining the "purpose of illegal possession".In order to guide the judicial determination of "purpose of illegal possession",the Supreme People’s Court has successively issued a series of judicial normative documents to clarify and improve the criteria for the determination of "purpose of illegal possession".However,this doesn’t prevent the application is non-standard circumstances in the application of specific cases.This paper intends to discuss the judicial determination of the "illegal possession purpose" of the crime of fundraising fraud from five aspects.Firstly,from the perspective of the current status of the identification of the "illegal possession purpose" of the crime,the main reasons for the practical obstacles are found through comparative analysis.Secondly,it summarizes the normative structure of the purpose of illegal possession in fund-raising fraud in a theoretical way,and lays the groundwork for the article from an academic perspective.Thirdly,it analyzes the identification criteria for the purpose of illegal possession of the crime,and concludes that in the current judicial practice,the one-way identification method,one-way identification standard and one-way identification process are not fully adapted to commercial characteristics.Fourthly,it analyzes the objective facts to determine the purpose of illegal possession by means of fund-raising fraud,and discuss seven specific behaviors to determine the purpose of illegal possession according to the Supreme People’s Court,through the study of norms with the rule of law thinking and commercial thinking and counter-proof,so as to explain "production and management activities","profligate","flee with fundraising outcomes" and other relevant "illegal possession purposes" proofs related to the crime of fundraising fraud,and establish a new dialectical identification model of "positive and negative" combination.Finally,through the previous empirical research,with regards to the characteristics of commercial affairs,it implements commercial thinking into the analysis of specific cases.Also,it makes clear the cognizance method of "illegal possession purpose" of the crime of fraud,as well as emphasizing details,processes,connections,and practical effects,and proposes a new identification path.This paper attempts to analyze the purpose of illegal possession of the crime from the perspective of judicial practice and provide a solution to the problem of standardization in judicial practice.