Researches On Crime Of Fraudulent Fund-raising

As the economic system reform of our country is being deepened constantly, the financial market unlocks progressively, various illegal fund-raising and raising funds to swindle the activity to increase gradually, demonstrate the great social harmfulness. Because The Criminal Code in 1979 has not stipulated the crime of fraudulent fund-raising. In the judicial practice,it can only punish the behavior swindled by way of illegal fund-raising for the crime of fraud of the life imprisonment according to supreme punishment, unfavorable to attacking raising funds and swindle the behavior. The Decision on punishing and destroying financial order crime that the 14th meeting of the eighth Standing Committee of the National People's Congress was passed on June 30, 1995 Make finance such as the crime of fraud of fund-raising swindle the crime to isolate from ordinary crime of fraud, this is the first formal legislation to the crime of fraudulent fund-raising of our country. Criminal Code in 1997, change crime this by behavior into result (number), regulation to increase Have Heavier Numbers relatively, regard Have Heavier Numbers as one of the important constitution of the crime of fraudulent fund-raisin to suitable to apply terms strict fixed death penalty, thus make the legislation of the crime of fraudulent fund-raising become more and more complete. This essay combines our country's legislating with judicial current situation, carry on research to the Chinese and foreign legislative overview of the crime of fraudulent fund-raising, The constitutive elements of the crime, The form of quantity of the crime,some knotty problems on judicial and propose some suggestions to the legislation of the crime of fraud of fund-raising.The full essay is divided into five parts altogether:Part one : Have explained Chinese and foreign legislative overview and the current situation of our country about the crime of fraudulent fund-raising. Not this charge of the regulation of the foreign criminal law theory, just list it in crime of swindling, this charge of the regulation alone of our country.Part two : This part is one of the focal points herein, describes the constitutive elements of crime important document of the crime of fraudulent fund-raising. The object of the crime of fraudulent fund-raising infringes is a double object, i.e. the national financial management order and property ownership public and private. The national financial management order is a main object, property ownership of the public and private is a secondary object. The objective respect of the crime of fraudulent fund-raising is to use the method of swindling, carry on illegal fund-raising, behavior...