A Study Of The Crime Of Illegal Fund-raising By Fraudulent Means

In recent years, crime of fraudulent fund-raising in China trends intensified, which has not only seriously disrupted the financial supervision order, jeopardized the property rights and interests of the nation and its people, but also aggravated the potential financial risk. Under certain conditions, it may also lead to financial turmoil and has a direct influence on social stability. The excessive occurrence of fraudulent fund-raising in China is due to the imperfect legal system and the negative impact of economic policies on the one hand, and historical residual factors on the other hand. In the theory circle and practice circle in China, great controversies exist on issues such as fraudulent fund-raising being guilty or not, clarification of crimes, crime quantity, the amount of crimes and unit crime of fraudulent fund-raising and so on. These controversies affect the prevention, control and fight against fraudulent fund-raising. In order to effectively prevent and crack down on fraudulent fund-raising, the author expounds the crime elements, crime patterns and the objective characteristics of fraudulent fund-raising based on the theories of criminal law. Using his own experience in handling cases, the author also puts forward his own views on the causes, characteristics and hazards of fraudulent fund-raising with typical case. This paper focuses on the legislative deficiencies of fraudulent fund-raising and the difficulties in its process of judicial determination. With in-depth analysis, the author puts forward the countermeasures to improve the legislation and judicial trial of fraudulent fund-raising and reasonable suggestions on handling cases and comprehensive prevention measures.