Research On Some Aspects About The Crime Of Fraudulent Fund-raising

On June 30,1995, the NPC Standing Committee adopted "the decision on punishment of destruction of the financial order ". Crime of fraudulent fund-raising is listed as an independent criminal provision for the first time. The existing Criminal Code adopt and improve the provisions relating to financial fraud in this decision and put it into a class of Financial Fraud Criminal Law placed first in Section Five, Chapter Three. Crime of fraudulent fund-raising is one of the most frequent cases of illegal fund-raising in recent years, which does great harm to the society. Although the law has consistently taken the policy of cracking down on crime-maximum sentence up to the death, the effectiveness of the criminal law to prevent and combat financial fraud crime was not perfect. In actual judicial practice, the number of fundraising frauds cases surged, there was a significant increase in serious cases, and criminal activity was rampant. In recent years, there are more and more serious crimes of repeated financial fraud, which makes criminal legislation and judicial imperfections exposed. Therefore, it will be significant to comprehensively and systematically analysis our fund-raising fraud legislative and prevent and control the judicial deficiencies, to introduce new criminal justice ideas on how to prevent and investigate crime of fraudulent fund-raising, to perfect the relevant criminal legislation and justice, and to contain and punish financing fraud effectively and in time.This paper, with the investigations of the fundraising fraud in Western Hunan State, combined with criminal law, discusses the present situation, deficiencies and perfection of the fundraising fraud legislation. This paper is divided into four parts: First chapter:Based on research and study, it's not coincident that the series crime of fundraising fraud in Western Hunan State. It has some realistic possibility and theoretical of fundraising fraud in Western Hunan State is not a special case, even in the whole country, the crime of fraud in financing is spreading, which brings serious harm, in the meantime, it calls out Legal persons'reconsideration about Legislation and Judicature.Second chapter:Describe, analyze and study present situation on Legislation and Scholarly research, which is about the componential features of crime on the criminal object, criminal objective, criminal subject and criminal body. Based on this, propose the preliminary conception on how to recognize accurately every componential feature in the practice of Judicature. The study is concentrated on following points:The first, the reconsideration on the criminal object of fundraising fraud; from the feature of criminal law about fundraising fraud and itself, through the research of the crime of fraudulent fund-raising in Western Hunan State, and by the study of literature collection and document development, it is found that the current criminal legislation and theory have issue. This paper is to break traditional criminal conception about "Nation Standard", manifest "Human-oriented" on the instruction of new legal concept, pay attention to protect of private property and reconsider the criminal object of fraud in financing. The conclusion is the social public property right is defined as the main object, and direct financing management order is the secondary object. Moreover, it's proposed to do some adjustment about criminal law structure and its details, to further consummate criminal object theory, law theory and criminal law structure. The second one is to combine theory and practice and generally elaborate the connotation as well as extension on using fundraising fraud; The third one is to analyze the recognize on criminal amount and its regulative pattern. The conclusion is that it's necessary to adjust the current pattern about the criminal amount in fraud and recognize detailed criminal amount based on the actual transaction amount. The fourth one is to catch macroscopically the criminal body in the crime of fundraising fraud. The fifth one is to recognize the purpose of illegal occupation by the way of fact estimation, and the recognize must be according with the fact of using fundraising fraud, cause the criminal subject concludes not only actual intent but also indirect intent.Third chapter:the research about corruption and degeneration of fundraising fraud; looking into the series problems during Judicature practice, it also shows the feature of corruption except the four componential elements above. However, the current law is weak at this point, which has encouraged the corruption to some extent and is not helpful to control the crime of fraud in financing. It becomes the effective prevention on how to punish the crime of fraudulent fund-raising and the problem to solve during attack this kind of crime.Fourth chapter:in view of the problem in theory and practice above, come out the proposal to consummate criminal legislation and judicature.