Justice For Online Fund-raising Scams Accreditation Research

With the development of the Internet and the widespread application of the new mobile chat and communication software platform,"Internet+charity" has entered the public’s sight in various forms.Online fund-raising has become a new type of social fund-raising.However,because of its incomplete operation system and inadequate laws and regulations,online fund-raising has triggered a crisis of social trust,making some criminals have the opportunity to take advantage of the system loopholes to deceive others ’goodwill and embezzle others’ funds,thereby making online fund-raising an illegal element The main means of fraudulent donation,fraudulent donation,and obtaining illegal property.Facing the chaos of online fund-raising scams and the inadequacy of relevant laws and regulations,it is clear that criminal law intervention is necessary.However,online fund-raising fraud is different from general fraud in terms of expression,implementation,and subject involved.Therefore,in the current practical application of judicial practice,whether fund-raising fraud can be included under the elements of fraud,etc.Many controversial issues.Therefore,research on the judicial determination of online fund-raising fraud has strong practical significance,and is helpful to improve the basic theoretical system of traditional fraud crimes.Starting from the analysis of hot cases of online fund-raising fraud in recent years and combing the controversial focus of typical cases in current judicial practice,we can find that the judicial identification of online fund-raising fraud focuses on three aspects:First,the identification of online fund-raising fraud.First of all,on the issue of the identification of inaction fraud,more incomplete public fund-raising information in practice should be concealed and can be evaluated as inaction in criminal law,and this incomplete public fund-raising information is inaction.Cannot constitute online fund-raising scams.Secondly,the fraudulent behavior of online fund-raising should reach the extent that the donor is caught in or maintains a misunderstanding and the imminent practical danger of dividing property according to this.This should be specifically considered in terms of the danger of legal violations.The second is the identification of online fund-raising fraud property losses.The donation behavior of pure donation behavior and compound transaction behavior should be applied to the theory of failure of economic purpose and the theory of step judgment to determine property loss.At the same time,in accordance with relevant judicial interpretations,from the perspective of the nature,relationship,and identification criteria of the fund-raising fraud itself and other serious circumstances,the standards applicable to the fund-raising fraud of different victims should be unified.The third is the identification of the scope of online fund-raising scams.The subjects who initiate online fund-raising scams can be divided into natural persons with fund-raising qualifications,fund-raising organizations,and online crowd-funding platforms.Among them,natural persons are divided into promoters and recipients.Responsible age,criminal responsibility,and violating legal interests can be eligible subjects for online fund-raising fraud.The unit cannot be the subject of liability for online fund-raising scams,so it can only be held criminally responsible for the personnel directly responsible for the fund-raising unit.The fourth aspect is the determination of the subjective consciousness of online fund-raising scams.The "node of illegal possession" must be generated no later than the time when the fund-raising scam is implemented.The crime of embezzlement of appropriation of possession was found.When the fundraiser has a misunderstanding about the economic value of the large amount of property defrauded,the relevant theory is used to determine that the large amount of fraud in online fund-raising fraud is wrong.Only by solving the above problems can we accurately determine fraudulent acts of online fund-raising and unify its judicial recognition standards.