| Along with the rapid development of economy in our country, the criminal activity of fraud in fund-raising has become increasing apparent in the market economy. It will not only causes serious violation of the financial management order of the nation, but also triggers severe damages on the legitimate rights and interests of various investors. In this case, taking right measures and developing effective preventive solutions in combating the crime of fraudulent fund-rasing has become an arduous task for the Legislative and Judicial organs of China at this stage. In order to identify the particulars of offense correctly, apply the law accurately and contain crime effectively, it is necessary to distinguish grime or another grimes in practice of judiciary.In this paper,we discuss and analyze the Funding fraud case of Zhou Jihu for giving reference to dealing with this kind of cases in judical practices. It starts from the introduction of the statements of the facts and resluts of the court judgement. In accordance with facts of the case, we generalize the dispution focus and legal problems, and give introductions to the different ideas. In terms of this case, the focus of controversy is not on distinguish of crime or not-crime, but differentiation of crime of contract fraud and crime of funding-raise fraud. To judge which crime the behavior constitutes after all, depends on whether it conforms to the constitutive elements of a crime. According to the theory of crime constitutive, we analyze the object of crime, the objective aspects of crime in accordance with the facts of the case, and then come to a conclusion that it not conform to the crime constitutive of contract frauding. On the other side, with analysis of the criminal object and criminal target, objective aspects, crime subject and subjective aspect, this case should be characterized as crime of funding-raise fraud. At last, we discuss the judgement of this case, intergrated with the theory of criminal jurisprudence and the details of the case in this essay. |
