A Study On Judicatory Cognizance Of Crime Of Fraud In Financing

There are many problems in the cognizance of crime of fraud in financing,especially the comprehension and application of judicial process.Although there are many related laws and judicial interpretations,they are not comprehensive enough;for example,there are no clear definitions of keywords such as “illegal financing” and “fraud methods”;and there are many differences in the comprehension of laws,leading to the condition that the similar cases undertaken by different judicial workers in different regions may have different results.The cognizance of crime of fraud in financing is directly related with the responsibility and freedom of the actor,and even the life,so the cognizance of this crime is worthy of further study by judicial workers.The author is fortunate to have worked in the prosecution system for more than 10 years and dealt with some cases of fraud in financing,such as the case of fraud in financing and illegally absorbing the public deposit with the amount of more than 800 million Yuan and defendants of more than 20 people including Feng Ying and the case of fraud in financing and illegally absorbing the public deposit by sister and brother of Lin that has large controversy in subject of crime,criminal quantity,and motives of illegal possession,and meanwhile the author also uses the cases handled by colleagues for reference,such as the suspected case of fraud in financing by Wang Lidong that has divergence between procuratorate and court to gather a lot of first-hand materials;and the problems and difficulties found in the process of case handling have been pondered and explored to find that problems and difficulties have generality and individuality.The common problem is the key points for the author to discuss.This paper can be divided into four parts.Starting from the concept of crime of fraud in financing,the first part elaborates the four juristic characteristics and judicial nature of this crime and sorts out the legal basis and judicial approach of crime of fraud in financing.In response to the high frequency of fraud in financing,the Party Central Committee headed by Xi Jinping attaches great importance to financial crimes and takes them as the focus of fight to effectively protect people's money bag.The second part focuses on the cognizance procedure and substantive problem of crime of fraud in financing;from the perspective of procedure,public security organs,procuratorial organs and people's courts have their own functions.The public security organ should strictly consider whether to file a case for investigation in accordance with the standards for filing a case and the procuratorial organ and court should separately prosecute and try the case according to law.In view of entity,the four elements for crime of fraud in financing should be seized in order to accurately register,prosecute and try.To be specific,in terms of the main elements of crime subject,the cognizance of individual crime and unit crime is a difficult point under the general trend of companization and thus we must look beyond the surface;for the subjective aspect of crime,we should master the recognition of “the purpose of illegal encroachment”,combine the concrete analysis of case,avoid consequentialism and oppose objective incrimination to ensure unification of subjectivity and objectivity;in terms of the objective aspect of crime,we should clarify the definition of “illegal financing” and “fraud”.Under the premise of accurately determining the nature,the mastery of sentencing criterion and punishment principles is also an important content in the case of fraud in financing.Starting from the common disputes in judicial practice,the third part expounds the key points for identifying the issues,such as crime of fraud in financing and non-crime,this crime and that crime,one crime and several crimes,and responsibility differentiation of relevant personnel.Aiming at differences in practice,the author puts forward some personal ideas from the perspective of legislation and judicial interpretation and suggests to clarify the meaning of key words in the crime of fraud in financing in the fourth part and meanwhile the author also analyzes one of the existing problems in current judicial interpretation and suggest to delete it,hoping to play a guiding role in judicial practice.