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“非法占有目的”是集资诈骗罪的构成要件之一,对于其内涵的准确理解与把握,是正确定罪量刑的基础。“非法占有目的”在不同语境下的涵义不同,其在刑法和民法视野下有着不同的内涵。一般来说,集资诈骗罪之“非法占有”可以理解为“非法所有”。然而在司法实践中却不能一概而论,还应该立足于案件事实,采用事实认定和推定的方法,正确定罪量刑。
“The purpose of illegal possession ” is one of the components of the crime of fund-raising fraud, and its accurate understanding and grasping of its connotation is the basis for the correct conviction and sentencing. “The purpose of illegal possession” has different meanings under different contexts. It has different connotations under the criminal law and civil law perspectives. Generally speaking, “illegal possession” of fund-raising fraud can be interpreted as “illegitimate ownership.” However, it can not be generalized in the judicial practice. It should also be based on the facts of the case and adopt the methods of factual determination and presumption to correctly convict the sentencing.