Research On The “Purpose Of Illegal Possession” In The Crime Of Fundraising Fraud

Whether the fundraiser has "illegal possession purpose" in the subjective level is the key to determine that it constitutes the crime of fund-raising fraud.Over the years,the Supreme People’s Court has issued a number of judicial interpretations and normative documents,adopting the prescriptive method of "enumeration of circumstances + abstract summary" in order to establish practical identification standards.However,with the constant updating of the forms of crime,this kind of identification gradually appears unreasonable.Therefore,in order to optimize the identification criteria and meet the needs of the trial practice,it is necessary to conduct in-depth research on the "purpose of illegal possession" of the crime of fund-raising fraud.This paper is divided into four chapters:The first chapter expounds the viewpoint of "the purpose of illegal possession" in domestic and foreign criminal law theories,and then carries out in-depth analysis combining with this crime.It can be concluded that there are two main levels in identifying the "purpose of illegal possession" : One means to exclude,the other means to use,that is,the doer intends to obtain the actual control and dominant position of others’ property,and then use and dispose of his property.The second chapter analyzes the "purpose of illegal possession" of the crime from three dimensions of function,the relationship between the crime and the intention of the crime,and the form of the crime,and further studies the problem to the level of theoretical disputes,so as to ensure the smooth development of the judicial determination.The third chapter discusses discusses the formation time of the "purpose of illegal possession" of this crime according to three stages:before fund-raising,during fund-raising and after fund-raising.Through the relevant legal provisions,we summarizes six situations of presuming the "purpose of illegal possession" of this crime,and deeply evaluates and analyzes its existing problems.The fourth chapter takes judicial practice as the basis,aiming at the existing four problems of "behavior identification and subjective purpose identification mixed up","no broad identification of the use type of funds","the trend of the fund is not fully understood",and "the presumption rules are defective".This paper advocates that the judicial office should comprehensively analyze the types and trends of the use of funds under the guidance of the principle of "the unification of subjectivity and objectivity".The idea of "Recovery of legal interest" runs through the whole judicial handling work,focusing on the particularity of businessmen and commercial behavior;Finally,in order to improve the feasibility of the presumption standard,The system of judicial presumption should be optimized and the methods and standards of counter-evidence should be added.