A Research On Fund-raising Crimes

"Fund-raising crime" or "fund-raising type of crime" is attracting special academic and judicial concern. Presently, for such a highly harmful, widely influential and strongly concerned financial crime, researchers haven't got a systematic grasp or constructed complete theoretical framework yet. Moreover, the existing research did not explore it as a primary issue. Therefore, study on fund-raising crime may on the one hand be focused on an analysis of the common patterns, and on the other the law enforcement practice, with its stress laid on the solution of confusions and disputes appeared in handling such crimes.Based on the above consideration, this dissertation starts with an analysis of theories about fund-raising crime, discusses the concepts, range, nature and the constitution of the crime, then comes up with some personal opinions about its judicial application, and finally summarizes the legislative situation, points out a direction and proposes some specific suggestions. Such an approach intends to combine theory and practice by taking into consideration both a theoretical conclusion and practical concern about legislation and judicial procedures.This thesis consists of an introduction and the text proper. In the introduction, four parts of information are given, namely, background and significance of the study, statement of related studies, main approach and the innovation of the work.The text proper includes four chapters. The first chapter is titled as "General Theories Concerning Fund-raising Crime", including three parts:illegal fund-raising and its features, the concept and features of this crime, and essential qualities of the crime. The writer firstly distinguishes "fund-raising" and "illegal fund-raising", summarizes the features of illegal fund-raising from three aspects, then defines the term rather clearly. Eventually, the essence of the crime is discussed from financial supervision, negative influence and invasion of legal rights.The second chapter-Constitution of Fund-raising Crime-is composed of four parts, namely, the object of crime, objective aspects, the subject of crime and subjective aspects. This chapter frames on the traditional notion of "four essential parts", elaborates on the crime's construction, explains the disputes and puts forward some special viewpoints.The third chapter is "Judicial Determination of Fund-raising Crime", including the right and wrong in fund-raising crime, the bound of fund-raising crime, number limits of fund-raising crime, and patterns of fund-raising crime. Great stress is put on the study of Judicial Determination of Fund-raising Crime, especially some disputable and questionable parts.The fourth chapter is called "Legislation Completion on Fund-raising Crime", including legislative situation, legislative direction and legislative completion about the crime. Legislations on fund-raising crime in Germany, Japan, America and Taiwan are taken as examples and analyzed respectively. China's legislative situation about fund-raising crime after reform and opening up is summarized and discussed, too. After that, the legislative direction on fund-raising crime in China is attentively analyzed with regards to the case of Wu Ying and the case of Sun Dawu, the correct direction legislative completion is therefore raised. Finally, some personal opinions and suggestions are raised concerning amending and improving our national legislative problems on fund-raising crime.