金融诈骗犯罪中“非法占有目的”的认定研究

Research on the Identification of “Intent to Unlawfully Possess” in Financial Fraud Crimes

摘要: 金融诈骗犯罪作为侵害国家金融管理秩序与公私财产的双重客体犯罪，其核心主观要件“非法占有目的”在理论与实务中存在认定困境，直接影响罪与非罪、此罪与彼罪的界分。本文以“非法占有目的”为切入点，首先界定金融诈骗犯罪的概念、特征与类型，厘清其与普通诈骗罪的法益、行为、主体差异，强调特别法优于一般法的适用原则。其次，辨析“非法占有目的”的法理基础，揭示“排除意思”与“利用意思”的辩证统一，借鉴德国“处分意思”理论，论证其作为所有金融诈骗罪的必然要件。再进行剖析贷款诈骗与集资诈骗的司法难题，如“行为时”判断与资金用途实质审查的模糊，并构建主客观相统一的认定路径，规范推定规则与程序保障。研究发现，现行司法解释需细化证明标准，以平衡打击犯罪与防范冤案。全文旨在为精准适用刑法提供教义学支撑，推动金融领域刑事司法的统一与谦抑。

Abstract: As a dual object crime that infringes on the national financial management order and public and private property, the core subjective element “intent to unlawfully possess” has a dilemma in theory and practice, which directly affects the boundary between crime and non-crime, one crime and that crime. Taking the “intent to unlawfully possess” as the starting point, this article first defines the concept, characteristics and types of financial fraud crimes, clarifies the differences between their legal interests, behaviors and subjects and ordinary fraud crimes, and emphasizes the applicable principle that special law is superior to general law. Secondly, we should identify the legal basis of “intent to unlawfully possess”, reveal the dialectical unity of “intent to exclude” and “intent to utilize”, and draw on the German theory of “intent to dispose” to argue that it is an inevitable element of all financial fraud crimes. Then analyze the judicial problems of loan fraud and fund-raising fraud, such as the ambiguity of the “at the time of the act” judgment and the substantive review of the use of funds, and build an identification path based on the unity of the subjective and the objective, and standardize the presumption rules and procedural guarantees. The study found that the current judicial interpretation needs to refine the certification standards to balance the fight against crime and prevent wrongful cases. The full text aims to provide doctrinal support for the accurate application of criminal law and promote the unification and humility of criminal justice in the financial field.