Uses The Raised Funds Crime

The fund is a financing assembling which is set up according to Trust Law, while securities investment fund is the result of securities market development and institutional investors' extensive participation, which play an vital role in the stability and further development of financial securities market. Although this thesis examines this issue from the perspective of securities investment funds, however, all funds similarly share the same requests with securities investment funds at the fund-raising stage. So, with the development of China's funds industry, the conclusion of this thesis will be applicable for all kinds of funds too. With regard to the convenience of writing the thesis, the author will simply refer to security investment fund as funds thereinafter.Law of Securities Investment Fund prescribes that raised funds are forbidden to be appropriated. Appropriation of raised funds liable for crimes shall be punished with the penalty responsibility according to the Criminal Law.Among the legal systems of our country, the ones involved in raising social funds is stock issue and bond issue. The corporation can legally use the raised funds through issuing stocks and bond in the course of fund raising. The behavior of using financing as crime, still belong to the initial regulation in our country's legal system .The author proposes that finance-using crime written in the Criminal Law will perfect Criminal Law. The regulation of subsidiary law not only corresponds to the Criminal Law but also can punish the serious harmful behavior of finance-using crime. Finance-using crime should not only exist raising the security investment funds, all funds have stage of raising would exist, is it finance-using crime can penalize all the behavior in course of raising of the sorts of fund, so it is future-minded to set up this crime.This article segments the behavior of finance-using crime in terms of Law of Security Investment Fund. After segmentation, the natural person can be punished according to corresponding charge in Criminal Law with the existing crime prosecution; As to fund caretaker and fund trustee and fund consignee unit which is not stipulated in Securities Law and Criminal Law , necessary from perfecting the Criminal Law angle, put forward the concept of finance-usingcrime, and propose Criminal Law sets up the crime hereon, so it can punish the behavior that the unit uses financing which is seriously harmful to society.This article argues that finance-using crime is the graveness criminal behavior that the offender uses raise the financing for the securities investment in the course of raising funds.The constitutive characteristic of Finance-using crime is as follows.What the object of crime is infringed on is the socialist economic order of our country, especially the financial management and securities management order, it is the infringement of the rights and interests of others' property at the same time. The fund is fiduciary property; especially pay attention to the honest faithful obligations of caretaker, etc., Finance-using crime destroys such a public credit and making whole financial market slack, and shrink financing channel. Meanwhile, the fund is a kind of special securities too; it is to grant the destruction of the securities to Supervision Committee of the securities according to the characteristic of the security market to using financing behavior. At the same time for persons who put it to use still infringes others' proprietary.The main body of the finance-using crime is not the natural person but the exceptive units (organization crime). If the natural person abuses the raised funds he or she will be punished by the others' prosecution . The main body of crime will be the fund manager, the fund assignee and the agent distributors.The subjective respect of the crime can only be formed on purpose directly.Objective respect of crime is it draws on fund raised guilt important characteristic to assert.First of all, commit finance-using crime, must be in accordance with the specific time condition. Go beyond fund when raising, would not is it finance-using crime to commit. Fund raising stage includes the preparation stage, fund-raising stage and the stage that raising is not complete, but has reached to proportion the 'law of security investment fund" stipulated. The period of fund-raising is from fund raise beginning to reach the proportion stipulated. The period of fund-raising is from fund raise beginning to reach the proportion stipulated.Secondly, from the behavior means, the behavior of putting the raising fundto use, it is by the means of occupying, engaging, using, controlling, embezzling, occupying, etc. to deal with the fund.Moreover, the crime target can only the financing at the special account raised during this period, It is mainly the cash taking currency as form of expression, does not get rid of other legal forms.Is it using financing reasonable penalty should be corresponded penalty punish with securities crime, financial crime.Based on the exploring the composition characteristic of the behavior of finance-using crime, the author proposes to set up the concept of finance-using crime in the hope of arousing the interest on the new criminal liabilities in Law of Security Investment Fund.