Research On Judicial Cognizance Of Crim Of Fraud In Financing

Financial crime has become a hot topic in the field of criminal law,especially in the increasingly complex financial environment,it is more important to study the specific criminal forms of financial crime.The crime of fund-raising fraud is one of the most representative crime types in financial crimes.The crime rate of fund-raising fraud is rising rapidly,which seriously infringes on China’s financial management order and the ownership of company property.The theoretical research on the crime of fund-raising fraud is helpful to better perfect the theoretical system of financial crimes and provide theoretical support for preventing and cracking down on all kinds of financial crimes in reality.For the identification of fund-raising fraud,China’s legislative norms have gone through a process of constant improvement from scratch to mature.China’s criminal law and relevant judicial interpretations have made more detailed provisions on the crime of fund-raising fraud,but the ambiguity of the crime in legislation and the inconsistency of the criminal theory of the crime lead to many controversies in the judicial determination of the crime in practice.As a crime in the financial field,the crime of fund-raising fraud has great harm to China’s economic and financial management order and the development of economic society,especially after the occurrence of typical cases,the academic debate broke out.After understanding the existing domestic and foreign theoretical results related to fund-raising fraud crime,the author made a summary.Then from the typical case analysis,including Zhou Hui fund-raising fraud case and Li Shizhen fund-raising fraud case,the two cases involved the author to elaborate the problem,including "illegal possession purpose","criminal method","crime amount" and fund-raising fraud crime and similar charges distinction.The experts and scholars of the theoretical circle talk about this kind of crime high unremittingly,the identification method is quite controversial.This paper starts with the analysis of the constituent elements of the crime of fund-raising fraud and introduces the characteristics of the crime from four aspects.In the second part,the author first points out the confusion in the judicial determination of this crime.In view of the existing problems in the judicial identification process,the author puts forward the corresponding solutions:first,adhere to the principle of consistency between subjective and objective in the identification of "illegal possession purpose",and improve the identification standard system;The second is to identify the "fraud method" on the basis of the basic facts,to explore the relief priority of the limited interpretation principle;The third is to define the scope of the amount of fraud,according to the actual amount of fraud to determine the "amount of crime";Finally,the author puts forward some suggestions on how to distinguish the crime of fund-raising fraud from similar charges.