The Research On The Determination Of Fraudulent Fund-raising Behavior

Our country’s economy has experienced from planned economy to marketeconomy；Financial markets has experienced from the dead status to the popularstatus. But fund-raising fraud crime phenomenon never disappeared. It is exist in avariety of ways. The fund-raising fraud legislation regulation has experienced theprocess. The Criminal Code in1979has not stipulated the crime of fraudulentfund-raising. This behavior can be punished by the crime of speculation. WithChina’s financial market development, it calls for the legislation of the fund-raisingfraud behavior. In1995, the standing committee of the National People’s Congresspassed the decision. It is the first formal legislation to the crime of fraudulentfund-raising of our country. In1997, The Criminal Code rules definitely the crime offraudulent fund-raising. Thus make the legislation of the crime of fraudulentfund-raising become more and more complete.In spite of the legislation has big progress, some judicial problems are still exist.In addition, this crime affects many people, serious damage. So, not only does theresearch have important theoretic significance, but also has active practicalsignificance.The author research on the crime of fund-raising defraud from the decision ofthe fund-raising fraud behavior, discussing if it constitutes a crime or not,distinguishing from the related crime. In the basis on the experts and scholarsachievements, the author uses the method of the theory and actual judicial, analyzingwhat kind of behavior is the fund-raising fraud behavior. Then, the author in-depthstudies the theory of fund-raising fraud and judicial problems. Both of theseproblems are the key to decision of the crime of fund-raising defraud, and the keypoint of thesis. Through these topics, the author hopes that it can provide support andguidance for the judicial practice, so as to better protect public or private property,maintain good financial management order.The text introduces the case of WuYing, discussing the legal problems behind this case. The text is divided into three parts. Firstly, the author discusses thedefinition of fund-raising fraud. It introduces the definition of behavior of finance,the definition of fraud, the relevancy between financing behavior and fraud behavior.Secondly, the author discusses the cognizance of the fund-raising fraud behavior.This is an important point in this text. In this section, the author study on how toidentify the fund-raising and fraud in the fund-raising defraud behavior. Also, thetest discusses the fund-raising fraud and the cognizance of folk lending disputes, inorder to know definitely fund-raising fraud. Finally, the author discusses the judicialcognizance of the crime of fund-raising defraud. This is another important point. Theauthor respectively discusses the difference the crime of fund-raising fraud from therelated financing crime, and related fraud offenses.The author research on the crime of fund-raising defraud from the decision ofthe fund-raising fraud behavior. The author hopes that through the analysis of thefund-raising fraud behavior can achieve the purpose of using the crime offund-raising fraud accurately.