Research On The Boundary Between Crime And Non Crime Of Crowdfunding Based On Private Interest Relief

The act of individuals publicly soliciting donations for the purpose of seeking social assistance is allowed by Chinese law,and "national law does not hinder citizens from exercising any self-help behavior." In recent years,with the continuous development of internet technology,crowdfunding has become a common way of seeking help,and the number of requests for assistance has continued to rise.The convenience of online communication has brought people closer together,and the speed and breadth of information exchange have been repeatedly improved,which has also enabled those seeking assistance to receive better responses than before.On the one hand,the assistance provided by kind-hearted people can alleviate the urgent needs of the parties concerned and make up for the shortcomings of China’s social security system;on the other hand,due to the complexity of internet information and the difficulty of distinguishing true and false information,this also provides a better breeding ground for corresponding crimes.The act of using other people’s kindness to deceive and obtain property has existed since ancient times,and the most common form is the street begging behavior of impersonating a disabled person.From the current development trend of the social environment,the number of individuals seeking help through the internet will only increase in the future and not decrease.Therefore,how to deal with related online donation fraud cases has an important impact on the development of China’s social charity security in the future.However,since this type of case is still emerging,there are few relevant judicial judgments and insufficient experience.Therefore,it is necessary to further discuss some of the problems that exist in the recognition process.The article reviewed and analyzed existing judicial judgments on crowdfunding fraud cases,referenced relevant theories,provided several relatively typical cases as references,and identified three problems that exist in the current judicial practice in recognizing such cases: unclear standards for identifying the purpose of illegal possession;inconsistent criteria for defining deceptive behavior;and rigid application of criteria for determining property loss.In the current judicial practice,the handling of crowdfunding fraud cases is usually based on the crime of fraud,and the judges focus more on whether the behavior itself meets the constituent elements of fraud.However,since crowdfunding fraud cases are generally conducted through the internet,the illegal purpose of the perpetrator is not clear,and the gratuitous nature of the donation makes it different from other types of fraud cases.Therefore,we should conduct a comprehensive analysis of the case to avoid being too arbitrary and biased when handling it.The article reflects on the problems in the judicial practice of handling crowdfunding fraud cases by reviewing relevant literature and combining personal opinions.It argues that for fraud cases using "asking for help" as an excuse,more rigorous judicial determination should be carried out to better exert the regulatory role of criminal law,curb fraudulent donation behavior,and protect the legitimate rights and interests of the parties involved in the case.