Research On The Fundraising Cases Of Jiao

In recent years, along with restructuring and promote economic structure in our country, financing problem of small and medium-sized enterprise continue to appear, illegal fund-raising crime after another, has seriously affected the development of China’s financial market stability and the social economy. Fund-raising fraud crime as the current financial field very active economic crime types, has been a hot topic of academic discussion and the difficult problem of judicial practice.Combining with the Jiaoying Xia fund-raising fraud, First of all,examine the changes and the reasons of illegal possession purpose standards as the fund-raising fraud’s subjective elements in the judicial practice,and to identify existing statutory purpose of illegal possession of eight kinds of objective circumstances be divided into three categories explain.Draw a Jiaoying Xia’s behavior conforms to the purpose of illegal possession situation conclusion.The second,through analysis existing laws and regulations on the regulation of fraud method,draw a conclusion that the shortage of legislation is that it can’t list all fraud method,and try to put forward the judgment standard is that as long as it is due to the behavior of the person causing the victim made against its true intention of disposition, can be regarded as fraud.Combined with judicial determination of Jiaoying Xia fund-raising fraud’s methods,try to show the diversity of fraud method in the judicial practice.Third, this paper introduces the illegal fund-raising has four characteristics of illegality, openness, inducements and the social,and applied it to judicial determination of Jiaoying Xia illegal fund-raising.The last,this paper argues that Jiaoying Xia’s conduct constituted the crime of financial fraud,combined with the legislative and judicial trend of death penalty,come to the conclusion that shall cancel the fund-raising fraud death penalty applies.