Self-responsibility Of Victims In Crime Of Fund-raising Fraud

Found-raising fraud is a typical relational crime,the defendant and the victim interact closely,contributing to the establishment of the crime of fund-raising fraud jointly.However,when deals with the crime of fund-raising fraud,our country isolate the role of the victim while unilaterally examine the defendant’s actions.Victim groups are considered completely innocent.Aiming at prevent them from committing suicide,self-harm,and even collective appeal for their property loss has not covered,our country’s legislation and justice provide special protection to victims,leaving the situation to enable victims to influence convictions and sentencing of defendants.In view of this situation,some scholars have proposed to re-enter the crime of fund-raising fraud from the perspective of the victim,and advocated that the victim’s risk acceptance theory should be used to specifically divide the victim’s responsibility.This article questions the application of the victim’s risk acceptance theory,and proposes the victim’s self-responsibility theory to re-examine the role that victims play in the crime of fund-raising fraud and the self-responsibility they should bear.Based on the analysis and summary of specific cases,this article divides fund-raising fraud crimes into private loan-type fund-raising fraud crimes and Internet finance-type fund-raising fraud crimes.For these two types,the general social standards and professional standards are adopted for the victims,and put forward different victim self-responsibility models.This article follows the basic logic of "propose a problem-analyze a problem-solve a problem".In the first chapter,according to the verdicts of the crime of fund-raising fraud in Zhejiang and Shanghai in the past five years,summarizing the current expanding trend of the crime of fund raising fraud in China.Under this trend,in order to prevent a large number of victims from causing adverse effects,over-protection of victims has emerged,mainly reflected in the two levels of legislation and justice.In chapter two,this article proposes to re-examine the crime of fund-raising fraud from the perspective of the victim,attaching importance to the role of victims in the crime of fund-raising fraud and combing related theories of the victim’s perspective,discussing the theoretical basis of victim science and its rationality.As for the victim acceptance theory advocated by some scholars,this article questions the rationality of its application in the crime of fund-raisingfraud,proposes to analyze the crime of fund-raising fraud based on the victim’s self-responsibility theory.It means to Judge the degree of self-responsibility according to the worthy and needy of protection to the victim.The higher the protection and protection of the victim,the lower the self-responsibility.Conversely,the lower the victim’s protection and protection needs,the higher the degree of self-responsibility.In Chapter Three,this article demonstrates that the victim was caught in a misunderstanding in the crime of fund-raising fraud,affirms the victim status of the fund-raising participants.And by demonstrating the philosophical basis of the victim’s right to self-determination and the paternalism of criminal law,limited the theory of victim’s self-responsibility.