On The Crime Of Fraud In Financing

As the first charge regulated in the crime of financial fraud in China's Criminal Law, the crime of fraud in fund-raising occupies an important position. In the recent years, with the development of reform and opening, severe cases of fraudulent fund-raisings happens occur, and they have caused the negative effects on our economic development. In this sense, a further research on this crime has important theoretical significance and active practical significance. The article chooses the necessity of the occurrence of illegal raising funds as the angle; systematically research the legislative issues of the crime, the constitutive requirements and the specific criminal patterns. The whole article is divided into three parts.In the preface, the author discusses the cause of illegal fund-raising, from the perspectives of sociology and economics, and draws the conclusion. That is the transformation of the economic pattern expands of direct financing market and brews the criminal market of illegal fund-raising.The first part discusses the legislative issue in crime of fraud in fund-raising. Firstly, the author briefly introduces the legislative evolution of this crime; then, summarizes the legislative justification of it; finally, analyzes the advantages and disadvantages of the legislation on it. In the analysis of the legislation, the author puts forward the concept of completing the legislation of this crime– completing the specific charge on the basis of summarizing the advantage of China's criminal legislation on this crime.The second part is the core of the article. The author makes a research on the issues of the constitutive requirements in crime of fraud in financing and brings forth his own view. The subjectivity issue in this crime lies in the...