Discussion On The Crime Of Adding Investment Fraud

Under the background of China’s active economic development, social and economic factors tend to be more complex, fraud, especially in the field of investment and financing increased significantly and showing more new situations and new features. But look at our criminal law can be found, for fraud in the field of investment and financing without a corresponding targeted articles, so that the judge could not accurately find the corresponding legal basis in dealing with such cases, inevitably too high or low conviction and sentencing appeared, which greatly violated the principle of legality. For lack of the investment fraud provisions, not only makes the establishment of a social credit system, the lack of legal protection, cannot be well protected and healthy development of the relationship between investment and financing, which will hinder the healthy development of China’s economic transition economies to some extent. This paper discuss the proposed additional investment fraud crime, we hope that the addition of this crime and in combination with other nonpunishment means to solve the above problems.The first chapter of this article is to point out the existing criminal law cannot be solved by the investment fraud case, which leads to why the proposed new investment fraud. The second chapter is the analysis explains the proposed new investment fraud does not conflict with the Criminal Law phase, based on the analysis of the similarities and differences of investment scams and fraud crime, contract fraud and financial fraud, indicating add Investment fraud is the inclusion of financial fraud and financial fraud crimes can be replaced. The third chapter discusses the social harm of Investment fraud and focuses on the necessity and urgency of investment and financing of add to investment fraud, to further explain the proposed add to investment fraud reasons. The fourth chapter is on the basis of above analysis interpretation of the terms of the proposed investment fraud, and the relevant legislative design, component elements of a crime, the cognizance of the relevant factors and setting advice on penalty clause, and the investment in the form of crime of fraud crime cognizance, etc. The fifth chapter discusses the social significance of the crime of fraud of the additional investment fraud crime. Add investment fraud is not only the establishment of a social credit system indispensable legal protection, but also to promote and protect the healthy development of China’s socialist market economy with economies in transition to a certain extent, but also promote the construction and development of China’s service sector credit.In the final summary of the article explains, additional investment fraud: First, accurate and fair to those who can take advantage of the investment and financing activities with the explicit provisions of fraud perpetrator conviction and sentencing to legal means to curb fraud in the field of investment and financing happen; secondly, for investment and financing fraud society full of tricks, to judge accurately find the basis to avoid excessively high or low conviction and sentencing; and finally additional investment fraud not only on China’s healthy development of the economy play a good role in the protection and promotion, but also can largely prevent such crimes occur.