Research On Specific Issues In Judicial Determination Of Fraudulent Fund-raising Cases

In recent years,the rate of occurrence of fraudulent fund-raising case in China has been high and is growing fiercely.The occurrence of fraudulent fund-raising case,especially the frequent occurrence of big and serious fraudulent fund-raising cases is not only disrupting the financial administration order,but also causing heavy losses on the possessions of the people involved in such cases,which is likely developing to group events that may deeply impact economic and social development and stability.Therefore,strengthening the study of judicial determination of fraudulent fund-raising case has theoretical significance and practical value.In this article,the author will inquire into several specific issues of fraudulent fund-raising case from the criminal law theories and juridical practice,hoping to help legal professionals on ascertaining such cases clearly.The accuracy of conviction and reasonableness of sentence can not only protect the human rights of suspects and defendants,but also punish fraudulent fund-raising and safeguard the normal financial order of our country.This article has five parts.In the first part,the author introduces the question discussed by this article concerned about the characteristic and judicial actuality of Fraudulent Fund-raising Cases.In the second part,the author defines the meaning of intention illegal possession,and analyzes several controversies definition in judicial practice point by point.In the third part,the author discusses the ascertaining of fraud method by analyzing theory and practice,states the indispensable significance of fraud method in the determination of Fraudulent Fund-raising Cases;and meanwhile suggests that the judicial personnel shall grasp the essential of the fraud methods.In the fourth part,the author analyzes the criterion of amount for fraudulent fund-raising crime in judicial practice by comparison of the controversies viewpoints,and comes up with his own views and suggestions.In the fifth part,the author points out the specific determinations of criminal responsibilities of intermediaries under joint crime which researches were few.So the article focuses on the intermediaries criminal responsibilities involved in the case under different situations both from criminal law theory and judicial practice,and also offers the reasons and suggestions of improving.