A Study On Some Problems Of Fund Raising Crime

In recent years, Fund-raising fraud cases occur frequently. When different judges deal with this kind of case, It cause hot discussion for the public and law experts to identified the crime constitution.Private lending and Financing activities is closely related to the economic life. With the thriving development of the Private lending and the Financing activities,it becomes a high-profile focus whether the Fraud-raising crime under the current law can apply for the current situation accurately, and it also becomes a problem which need to be consummated.In this article, the author refines and integrates the controversial foci by researching the most controversial case of Wu Ying.The author intends to analyze the foci,combining with the views of scholars and the new Judicial interpretation.Besides the foreword and epilogue, the thesis is divided into three parts:The first chapter mainly expounds the Wu Ying case, and summarizes the foci as the four which are controversial with the Procuratorial organs and the lawyers in the process of trial;the first is whether Wu Ying is of the purpose of illegal possession; the second is whether the raise object belongs to the social public;the third is whether Wu Ying use the fraud method;the fourth is whether the Wu Ying’s behavior should be identified as illegal fund-raising.The second chapter is to discuss the subjective element of the Fund-raising Fraud.This chapter is divided into two parts:the first part is to research the subjective intention.The general view is what unique subjective intention the Fund-raising Fraud is direct intention.Some scholars question it.The main problem in this part is to analyze if indirect can be the subjective element of the Fund-raising Fraud.The second part is to analyze the purpose of illegal possession which is a controversial element.The author try to identify “the purpose of illegal possession” in Wu Ying case through the analyzing the points from Practitioners and the academic circles,that how to identified the “the purpose of illegal possession”.The third chapter is mainly to expound the objective elements of the Fund-raising Fraud.This chapter is divided into two parts:the first part is to analyzethe “fraud method”.The main content is to research definition of “the fraud method”by Judicial interpretation,to analyze how to identified if feason use “the fraud method”,to analysis on “the fraud method” in Wu Ying case;the second part is the analysis of “Illegal fund-raising”.The author try to find a accurate and reasonable standard to judge what action is illegal fund-raising by arranging the years of Judicial interpretation and integrating the kinds of views.And then the author will analyse whether the behavior of Wu Ying is illegal fund-raising.