The Judicial Determination And Perfection Of The Crime Of Fraud In Financing

Since reform and opening up,China’s market economy can be said to have been sustained and rapid development.Meanwhile,the phenomenon of fund-raising fraud has also appeared with the rapid development of economy,so that it has been developing frequently.Here,the fund-raising fraud discussed by the author refers to the behavior of collecting money from the gold people for the purpose of illegal possession,and absorbing funds to the public by means of fraud and other illegal means,and the amount reaches the larger standard stipulated in the criminal law.Especially in recent years,as the case in our country has been in a high incidence of the situation,especially as Wu Ying fraud case,the state company fraud case and a series of nationally significant impact after the incident,the crime of fraud in financing gradually showing the wide range of the number of victims,vulnerable to the formation of society unstable factors;the large amount of money involved,long time span,great difficulty in handling cases;crime means renovation speed,characteristics of diverse forms of crime,in view of the case of social harm caused by it,behoove has become a hot point in the research of science of criminal law.With the deepening of the research on the crime of fund-raising fraud,the plight of the judicial cognizance of the crime of fund-raising fraud has also been widely mentioned.In this paper,the author starts from several in the classic case,including the national significance within the scope of the Wu Ying fund-raising fraud and Jiang Hongwei fund-raising fraud,and as the undertaker personally "Ted" fraud case and "Howard home" fraud case,first of all,from the concept of the crime of fraudulent fund-raising the legislative history and characteristics,in China’s current development situation,in-depth analysis,this chapter is the legal analysis for the crime of fraudulent fund-raising,focuses on financial fraud crime,the object of elaboration,the crime of fraudulent fund-raising objective aspects,subject and subjective aspects,combined with the characteristics of the crime in the in our country,the development of the legislative history and the current development situation,leads the judiciary cognizance importance of the crime of fraud in financing.At the same time,aiming at these complex characteristics and status quo,it analyzes the necessity of solving the confusion in the current judicial practice circle,and points out how to solve the confusion of the crime of fund-raising fraud in the new situation.At the same time,we can find out the ways to solve these puzzles,or the standard of identification.At the same time,aiming at the problem of abolishing the death penalty in China’s criminal law at present,combined with the specific characteristics of the crime,it puts forward the penalty standard and specific penalty suggestions.The full text of this thesis is divided into four parts.The first part mainly introduces the Wu Ying fraud case,Jiang Hongwei fund-raising fraud,and I personally participate in the host in the local area have a greater impact on the "Ted" fraud case and "Howard home" fraud case of four typical cases,through the typical case raises issues.The second part is a comprehensive comprehensive introduction to the concept and characteristics of financial fraud,the legislative history and the current development trend in the process of our country,using the basic theory,focuses on the crime of fraud crime,characteristics,and combined with the financial fraud of the legislative history and current situation in China,to clarify the current judicial the practice of organs in the cognizance of fund-raising fraud has puzzled reason,so that we can identify the necessity and urgency of the crime of confusion.The third part is a detailed analysis of the perplexity of our judicial organs in determining the crime of fund-raising fraud.This chapter focuses on the difference between capital raising fraud and general fraud,private financing,illegal absorption of public deposits and other similar accusations,especially the difference between fund-raising fraud and illegal absorption of public deposits.The core of this chapter is to discuss the subjective mentality of the fundraising fraud.The subjective mentality of the crime of fund-raising fraud is the key and difficult point identified by the judicial practitioners.The author puts forward the principle of identifying the subjective mentality combined with the predicament and related judicial interpretation provisions.Finally,because the crime often occurs in the form of unit crime,the author then expounds the joint crime of the crime of fund-raising fraud,so as to distinguish the unit crime and the joint crime in the crime of fund-raising fraud.Finally,the fourth part is combined with the status quo of China’s current economic situation and development,considering the current fund-raising fraud in the characteristics of the development of our country,we pointed out that the basic principle of the crime of fraud should be followed in the judicial practice,our country puts forward in the abolition of the death penalty for the crime after the penalty proposal.