On The Judicial Determination Of Fund-raising Fraud

In recent years, the rate of fund-raising fraud increased rapidly, serious violations of the order of financial management and ownership of public or private property. For fund-raising fraud, The Legislative norms of our country have a process from scratch and then to the maturity of the reform.Our country’s criminal law and relevant judicial interpretations made a more detailed provisions of the fund-raising fraud, however, due to the legislative provisions of principal crime in terms of specific details are still have some ambiguities, there are some differences still exist in some theoretical perspectives on principal crime,which leads to a lot of controversy for Judicial determination of the crime in practice.Based on the current situation of the society, this thesis makes a concrete analysis on the crime of fraud.The criminal subject of principal crime is general subject,whether it reflects the will and whether for the interests of the units these factors are used to distinguish the subject of natural person and unit. One of the company’s shareholders if they are unable to prove their personal property independent belong to the company property, the company’s crime should be identified as the crime of natural person. Also clear with financial institutions deposit business authorization can become the subject of this behavior. Through financing motivation, commitment to raise funds, the use of funds-and the funds returned the four factors to investigate the crime of illegal possession of the purpose, and points out that the principal crime is the legal purpose crimes, only constituted by direct intention, not including indirect intent. Summarize the illegal fund-raising behavior is the behavior of illegal advertisement, openness and commitment inducements and object of social "four feature elements to confirm and analyze the" word of mouth "means of publicity, and that academic circles the definition of public "is not specific to the majority of people are not completely applicable to the judicial practice, should be interpreted as a specific person or the majority of people. Judicial interpretation of "fraud" cited interpretation limits the extension, in judicial practice should not be limited to the list, but should pay attention to the crime of substance. About this crime amount theory mainly in the total amount and the actual amount of income, the actual profit amount and actual losses and behavior after the hidden amount and fled when the carrying amount of five kinds of viewpoints, the author thinks that using the total amount determined the amount of fraud is more appropriate.Crime and non crime, for the judicial practice of the crime of fraudulent fund-raising this crime and other crime problems, the author puts forward a clear definition. For principal crime and legal funding of definition, the author puts forward that we should hold from the fund raising, fund raising, performance ability, for the crime and the private lending of definition, the author should from the following points to start, fund raising, subject scope, acceptance rates. principal crime has similarities with illegal absorb public deposits, so it is difficult to define, the author thinks that should be through comparison of the infringing object, the objective performance, the criminal intent and the standard to judge. For crime and fraud to issue stocks and bonds of sin and allowed to issue shares, corporate bonds of crime definition, the author thinks it is mainly from four aspects,such as the object of crime, objective aspect, crime, constitute a standard to judge. For the definition of the crime and the crime of contract fraud, the author believes that we should from the object of crime, object, objective aspects to compare.Owing to principal crime is facing the public,often in the way of joint offense to implement crime activities,the dangers are greater.So it’s necessary to identify the responsibility of the principal,the accessory,the middleman of principal crime.if there is a common crime intentionally,it should be identified as the accessory offender of the joint offense of principal crime.Without a common illegal possession of intentional,but rather the implementation of illegal deposits from the public,it should be punished in the name of illegal absorbing deposit of the public.It has important significance for the judicial cognizance to correctly define the behavior of the crime, If the behavior using illegal absorbing public deposits or fraudulent, unauthorized issuance of stocks and bonds to commit fraud, the crime of financial fraud and crime of illegal absorbing public deposits, between the fraudulent issuance of stocks, bonds, and the crime of issuing stock, company, enterprise bond crime germinal imaginative joiner of offenses should be based on financial fraud crime. Without the approval of the relevant competent departments of the state, without the establishment of a commercial banks, stock exchanges, securities companies and other financial institutions, or forged, altered commercial bank, securities exchange, securities companies etc. financial institutions operating license or approval document to implement fraud behavior, combined punishment for several crimes should be implemented. Also the behavior will raise funds fraud from the funds which used for illegal activities, the composition of other crimes, or acts defrauding funds for personal extravagance or other activities makes it impossible to return the funds, to repay investors, and take other criminal means to obtain the funds of others, should also implement combined punishment for several crimes.