Financial Fraud

Crime of fraudulent fund-raising is one of the most serious crimes. This kind of financial crime brings about great economical losses as well as damages to the social order. This essay is aimed to provide substantial help for judicial practice by analyzing the constituting, judicial founding, characters of and punishment for the crime.It is composed of nine parts. Part One is the preface, which gives the definition, features of financial crimes.Part Two illustrates the stipulations concerning about this crime in our country including the causes, main characters of fraudulent fund-raising. The development of the legislation on this crime is also touched.The third part introduces the different legislation in different countries (Germany, America, Japan) concerning about this crime.Part Four can be regarded as one of the most significant. On one hand the definition of this crime is based on the analysis of the phenomenon. On the other hand, the necessary constituting factors of this crime is considered too.In Part Five, a special crime of fraudulent fund-raising named crime of unit fraudulent fund-raising is discussed including the difference between the unit and the natural person, the person in charge of the unit and other relative ones, etc.Part Six deals with the fulfillment and unfulfillment, conspiracy, several crimes.Part Seven is another important part, which shows writer's opinions about the distinction between this crime and other fraudulent crimes, distinguishing several crimes which are easily confused in practice.In Part Eight the another focuses on the application of punishment. The legislative stipulation, application of capital. Punishment of fine, punishment against qualification are dealt with in detail.The last part concludes that there are some defects in our legislation about this crime, therefore, it is natural for the author to propose his own theory on this.