The Crime Of Fraud Of The Theory Of Financing

Financial fraud has been increasingly presents a high speed in recent years, the trendof growth and development, caused huge losses to the society. Fund-raising fraud but alsofor its participation, involve wide area, and its huge amount especially serious and harmfulto the society and at the top of the financial fraud crime. Raise both natural person crimesubject of crime of fraud also include the unit crime the main body, according to the yearsof practice, at present in many natural theft unit, in the name of the implementation of thefund-raising fraud. Its subjective aspect is direct intentional crime, the cognizancestandard of this requirement is whether "for the purpose of illegal possession". Raisingobject of the crime of fraud is a complicated object, including the country’s financial orderand the social public property ownership. Relatively large use fraud method for illegalfund raising, fraud is an important condition of the charges. About how to raising fundsgovernance and combating fraud, since2011in our country began to implement "thesupreme people’s court on the concrete application of law in trying criminal cases ofillegal fund raising questions of interpretation, although the" explanation "further specifiesabout fund-raising fraud in judicial applicable, however, has not completely solve some ofthe controversy around the sin. In the judicial practice, therefore, decide how to crime andnot crime, this crime and crime is of great significance. In terms of fund-raising fraudcriminal legislation perfect, although the great achievements, but there are still manyshortcomings, therefore, it is necessary to make some legislation to improve and update,based on expression of fund-raising fraud charges and charges description and statutorypunishment put forward personal opinions. In this paper, according to our country’slegislative and judicial status quo, characteristics of the concept of fund-raising fraud,crime constitution and judicial cognizance, etc problem carried on the thorough researchand analysis:The first chapter: first introduces the concept of the fund-raising fraud, combining thecase detail fund-raising fraud causes and characteristics of the crime.The second chapter: this chapter is one of the focus of this article chapter, combinedwith the four elements crime constitution says that a detailed analysis, this paper expoundsthe fund-raising fraud crime constitution, this crime subject of crime, subjective aspect,criminal object, crime objective aspects one by one. Analyzed the subjective purpose ofillegal possession, how, what is fraud, fraud means whether it is necessary to set up thiscrime and crime amount of calculation and confirmation. In the third chapter: this chapter is another key chapter of this article, mainlycombined with classic case related to fund-raising fraud of judicial cognizance isintroduced, mainly including crime and non crime: crime of fraud of the financing andinformal lending disputes; This crime and sin’s point of view: with ordinary crime of fraudof fund-raising fraud, the crime of illegal absorb public deposits, issue stocks or companyor enterprise bonds of sin.The fourth chapter: mainly is the fund-raising fraud law perfect. Fund-raising fraud inthe whole law perfect is an emerging subject, especially for the cases of fund-raising fraudlaws and regulations as well as the handling of the corresponding behavior way, has greatresearch significance. In this paper, the author will be to the above questions in this sectiona little published opinion, to have the effect of topic.