Study On The Crime Of Fund-raising Fraud

In recent years,especially in 2007 after the outbreak of the US subprime mortgage crisis and spread to the global economy,China's small and medium enterprises lack of funds to highlight the problem,making the fund-raising fraud as the representative of the illegal fundraising crime presents multiple,frequent,Fund fraud is a stakeholder economic crime,such crimes endanger the market order,damage the interests of others,is not conducive to social stability.The Criminal Law Amendment(9)promulgated in 2015 lifted the death penalty for this crime.The abolition of the death penalty indirectly shows that the legislator on the private fund-raising behavior from severe pressure gradually changed to acquiescence or even advocate,to enrich the personal and corporate financing channels to provide a guarantee.In this context,the author combs and analyzes the basic crime constitution and the difficult problem in the practice of fund-raising fraud,and hopes to enlighten the future legislation of the crime and judicial practice.The paper is divided into four parts,the main contents are as follows:The first part is the summary of this crime,this part is the basis of the paper,mainly to explain the following two aspects: First,a brief analysis of the concept of fund-raising fraud and the legislative evolution of different periods,the second is to explain the causes of the crime and its Social harm.The second part of the thesis is the characteristic of this crime.It mainly elaborates on the basic elements of this crime,and analyzes the understanding and identification of the crime of "illegal possession".The third part of the thesis is the judicial identification of this crime,mainly related to the distinction between this crime and private lending,illegal fund-raising,and other similar crimes,through comparison to illustrate the particularity of this crime,help to more clearly fraud.The fourth part of the thesis is the perfect of this crime,which is the focus of this article.This part is divided into two parts: legislative perfection and judicial perfection.It puts forward that the legislation of fund raising fraud is perfected by increasing the types of penalties and clarifying the relationship between administrative regulations and criminal laws.By issuing special judicial interpretation and rational application of probation,Fraudulent Crime for Judicial Improvement.