A Research On Several Problems For The Crime Of Swindling Fund-Raising

Funding fraud crime has intensified the trend in our country recently years, but there is a lot of controversy at the cognizance of the crime. For example,"wu ying case", whether in legal profession or in ordinary, there is a large dispute whether it constitute the crime of fraud of the funds or not and how it should be punished. In this paper, the author research it from the crime of fraud of the funds of the object, the crime of fraud of the funds to the objective aspects of the subject, the crime of fraud of the funds, the crime of fraud of the funds of the determination and so on four aspects.Funds with financial fraud crime and corruption and sex, the most controversial around the crime of fraud of the funds also on the sexes. Financial reflected in fund raising the illegal act implementation behavior, greed and embodied in the implementation of the act means of fraud illegal possession of the victims of property, two behavior in combination with funds that constitutes fraud crime. The article to the fund-raising fraud crime illegally accepting the behavior and fraud, and sums up the two behavior of the general form. Illegal fund-raising infringement behavior the nation’s financial management order, and fraud violate public or private property, this is the problems about the two objects. In the primary and secondary object of the determination, the author reference point of view demonstrates many scholars of the crime of fraud of the funds for the financial management order main object.The subject of he crime of fraud of the funds is general subject, including natural person and units. The unit shall be equipped with a crime when main body established according to law by the name of the unit, and on behalf of the unit will and crime unit all conditions to income. In distinguishing the unit subject and natural person subject, the author discussed natural person was trying to cover in the case of the unit, established the distinction method between the both.In the special form of the crime of fraud of the funds, the problems about the crime in preparation existence state, crime is the objective cause attempted criminal purpose is not achieved, reason is one who discontinues a crime ACTS with the meaning of the crime and give up the effective implementation of the stop the crime results occur behavior. The main difference is the economy dispute and the reason is a criminal intent and implement the fund-raising fraud objectively. In this sin and there in the research of the crime, the author, the crime of fraud of the illegal absorb public deposits, fraud, sin shares, the company enterprise bonds than the sin.