Research On Objective Condition Of Fundraising Fraud

In resent time, the crime of unlawfully raising funds had been evolved into atypical social crime involving mass people. The criminal activity has great harm tosociety, destroying the socialist market economic order and endanger the interests ofthe public. As one of the charges involved in criminal activities, the research onelements of fundraising fraud will help to crack down the illegal fund-raising behavior,and to provide theoretical support for the judicial practice.The master theis has been divided into four parts.The first part is the introduction of the Fundraising Fraud. In this part, bysummarizing the current situation and the characters of Fundraising Fraud, the writerconcluded that the Fundraising Fraud as a whole in our country has been increasingseverely. We can exemplify by lots of cases, lost of sufferers, as well as this crimeinvolving kinds of industries and abroad domains, then the writer introduced thehistory of legislation about the Fundraising Fraud in our country, figureing out that thelegal system of Fundraising Fraud in our country has gone through from the phase ofdefects of legislation and the phase of constituting single criminal regulation to thephase of having the criminal code.The second part is concepts and discrimination of fund-raising. In this part, theauthor pointed out that the fund raising is a behaviour of raising money form public,and making sure that the fund-raising fraud involved the monetary assents only. At thesome time, the author distinguish the illegal fund-raising legitimate from private lending to support of the basic theory.The third part introduced the methods of fraud which will be used in the objectivecondition of Fund raising Fraud. The writer thought the regulation confined the fraudmethod in current judicial explanation might narrow the extent of methods of fraud, aswell as such explanation might result in a more obscure conception for methods offraud. At this point, the writer thought the law in our country shall classify themethods of fraud and establish the typal explanation.The fourth part is to introduce the illegal fund-raising in the objective conditionof Fund raising. In this chapter, the author introduced four characteristics of the illegalfund raising, including the illegal character, openness character, inducementscharacter and social character. In illegal character, the writer confine the meaning of“illegal” and expounded the problems about “the country’s financial managementlaws and regulations”,“without the approval of relevant departments” and “absorbfunds by legitimate business”. In "Openness characteristics", the writer focused on theconcept of mouth to mouth and the qualitative issues raised in the form of word ofmouth in line with the characteristics of openness. Still for the inducementscharacteristics, the author thought the promised return is fake, and the commitment toreturn must be specific and the return to payment shall includ the certain anduncertain forms. Finally, in Social characteristics, author explicitly refers to the socialmajority included a particular majority and the majority of people.