金融诈骗罪中的“非法占有目的”之思考

Reflections on “the Purpose of Illegal Possession”in Crimes of Financial Fraud

目的犯是指以具有超过罪过要素的一定主观目的行为为必要的犯罪,以此标准判断金融诈骗罪是目的犯,要求具有非法占有的目的。作为目的犯的金融诈骗罪立法上是不周全的,应当把金融诈骗罪中的非法占有目的全部规定为明示,司法中采用推定的方法,在立法中增加非目的化的金融诈骗犯罪。

The purpose crime is the crime in which the subjective purpose is to exceed other fault factors. According to this standard, the crime of financial fraud is a purpose crime, which follows that the accused has the purpose of illegal possession. However, the legislation of crime of financial fraud as the purpose crime is not really satisfactory. The purpose of illegal possession in the financial fraud should be defined more clearly by employing the method of deduction in judieatory activities, and the non - purpose crimes should be increased in crimes of financial fraud.