Research On The Crime Of Raising Funds

In recent years, with the rapid development of our country economic society, people’s living standards continue to improve, the disposable personal income continues to increase, raising funds illegally case also shows a tendency of high incidence. Not only the amount of such crimes but also the number of victims is huge. Especially the fund-raising fraud crime, it not only violates the ownership of public or private property, but also causes serious damage to the country’s financial management order, which has maken the serious social harmfulness. Although China has publiced legal regulation on the fund-raising fraud crime, however, there are still many controversial problems in theory and practice because of the lag of legislation itself, and factors such as the complexity of social life. For this reason, in this paper I put forward some viewpoints on the fund-raising fraud crimes, and through the analysis of relevant issues to provide certain method of fund-raising fraud in the judicial practice. Full text is divided into three parts:The first part analyzes the perspective of criminal constitutive requirements of crime of fraud of the fund-raising, and the concrete is divided into four parts. About the main body of this crime, it mainly discusses the condition of financial institutions becoming the subject of this crime, if it can prove that didn’t have the financial institutions absorbing funds deposits permissions, and has the purpose of illegal possession, it can constitute the main body of this crime. On the object of this crime, it talks about the basis of the primary and secondary division. On the subjective aspect of this crime, is divided into two parts in this paper:One is to explore wheather indirect intent can constitute this crime; The second is "the purpose of illegal possession" of the crime in judicial cognizance exists in the objective tendency to blame this phenomenon, combined with the existing judicial documents "purpose of illegal possession" as standard, the the author’s opinions are put forward, so as to solve the present excessive judicial presumption of abuses. On this crime objective aspect, it is divided into three parts:one is to discuss that aspect from the crime of fraud, emphasing that it should be from two aspects: financing and financing object. From the meaning of "illegal" and "the definition of the social public", two levels of the crime of illegal fund-raising behavior analysis, they pointed out that "illegality" is not only a procedural, but also the entity. For the concept of "public", it is broken down into specific and most people are two sides to carry on the analysis, it is concluded that whether it is within the scope of a particular person or not, as long as for most people to collect, it will constitute to raise funds from the public. The third is the amount of this crime cognizance standard of exploration, mainly combining with the theoretical point of view, which was reviewed, and the author’s opinion is given.The second part discusses about crime problems. Phase form this crime, it analyzes the preparation, suspension and attempted form, whose amount attempts to explore how to identity problems. Finally it is concluded that should be idetitied by attempting to "point to" amount. It focus on the issue of an accomplice of accomplice liability and how to raise the agent convicted, the former analyzes from the influence of amount of criterions for the conviction, the latter analyzes by the purpose of illegal possession for the criminal responsibility according to the law. About the crime number, and through the law concurrence of concurrence, imagination and implicated relationship of comparative analysis, pointing out the line between this crime and other similar crimes, and on the basis of the principle of minor crime attached to serious, we also want to consider all the sins of the ladder, the offense case-by-case basis.The third part discusses the perfect problems’financing of the punishments of the crime. In addition to the recommended qualification punishment, to change the amount of only one yuan, the main emphasis in this section for the victim fault is to introduce into the sentencing plot made detailed elaboration, and combined with the sentencing guidelines and local current Supreme Court, whose sentencing guidelines detailed rules for the implementation of specific stipulation on the victim’s fault, concludes how this crime victim fault degree to effect on the financing behavior person sentencing, in order to benefit the judicial practice.