Financial Fraud

Crime of fraudulent fund-raising is one of the most serious crimes.This kind of financial crime bring about great economical losses as well as damages to the social order.To put it more specifically,market economy serves as the very soil on which raising funds by means of fraud breeds and the tension between the scarcity of capital and the need of development is the very condition for its emergence.The more acute the tension,the higher rate the crime. However,no specification with regard to such crime was made in the criminal law formulated in 1979 in China.Illegally raising funds by means of fraud was set up as a crime only in"Decisions on Punishing the Crimes of Disrupting FinancialOrder"adopted at the Fourteenth Session of the Eighth National People's Congress on June,30th,1995.The related provisions were revised and perfected in the Amended Criminal Law adopted at the Fifth Session of the Eighth National People's Congress on March 14th,1997.The auther discusses the Capital-raising fraud crimes in the thesis,which includes four part such as the history of legal,the criminal structre ,the compare of the approximate crimes.Part one illustrates the stipulatlons concerning about this crirne in our country including the causes,main .The development of the Iegislation on this crime is also touehed.The second Part introduces the Charaeter of the structur of CaPital-raising fraud crime.It's impersonal character includ"eusing means of fraud","raising cpital illegal","raising capital illegal and reaehing big amount",and the form of the behave is various.Part three studied with emphasis has gather capital to cheat the crime the judicature to recognize the question. About the crime with the non-crime boundary question,mainly studied has gathered capital to cheat the crime lends money the dispute with non-crime boundary difference and with the folk the difference.About this crime and other crime question,studied the difference of the Capital-raising fraud crime and the crime of cheat crime and ordinary cheating crime,contraet cheating crime,the illegal basoprtion public deposit crime,fraud to issue stocks and securities . In Part four the another focuses on the application of punishment.The Iegislative stipulation , application of capital. Punishment of fine , punishment against qualifications are dealt with in detail.