On The Conviction And Punishmentfor The Crime Of Fund Raising Defraud

The crime of fund raising defraud is the behavior of conducting fund raising activities by means of fraud, for the purpose of illegal possession and in violation of laws and regulations, endangering the national financial order, violating the ownership of public property and individual private property with a relatively large amount. The thesis studies the problems of illegal possession for the purpose, illegal fund raising, the amount of crime as well as the application of death penalty, providing the reference for identifying the crime of fund raising fraud exactly and applying the penalty correctly for the crime of fund raising defraud.The paper, embarking on the conviction and punishment of the crime of fund raising defraud, studies its constitution and measurement of penalty. At the same time of correctly identifying “illegal possession for the purpose”, “illegal fund-raising” and the amount of crime, the thesis solves the problem of convicting the fund raising defraud in the judicial practice and puts forward concrete proposals for its punishment after the abolition of death penalty.The whole passage contains four parts. The first part proves that the subjective element of “illegal possession for the purpose” is the essential requirement of the “crime of fund raising defraud" of our country and defines “illegal possession for the purpose” is of great importance to cognize the aforementioned crime by analyzing the “illegal possession for the purpose”. With respect to the controversial topic of “illegal possession intention” afterwards, it should be proved that the intention is initiated before or in the process, then determine whether or not the crime can be constituted. The second part elaborates on the feature of the “crime of fund raising defraud” and concludes that the cognition of the “crime of fund raising defraud” should base on the essence of the “illegal fund raising fraud” which is derived from the features, instead of solely base on the existing types. The third part focuses on the amount of crime which considers the conviction and measurement of penalty should eradicate the parochial concept of “amount decides all”. When measuring sentencing, the judge should attach great importance to the discretion of sentencing in the plot. Supreme People’s Court of each region, on its own, can decide on the amount of crime standards of conviction and penalty which are suitable to this region, under the premise of practical level factors, like economics, cultural development, etc. The last part analyses the necessity of abolishing the death penalty for the crime of fund raising defrauds. It is supposed that China should prohibit the death penalty on the crime of fund raising defraud and nullify it in legislation. After abolishment, attention should be paid on the applicability of property-oriented penalties and free punishment.