The Crime Of Fraud Of The Research Funds

In this paper, the author put forward different views of the amount of the crime offraud of the funds, joint crime, indirect intention of this crime and the necessity of thedeath penalty which are controversial issues in theory and practice.In objective aspect of the crime of fund raising defraud, this paper demonstratesthat the legal rules that the amount of this crime should deduct which has returnedbefore is wrong, and reach a conclusion that it is reasonable that the amount shallinclude all the funds amount, on the basis of social harmful consequences, the criminalpattern and behavioral nature.In subjective aspect of the crime of fund raising defraud, this paper raise a questionthat if the subjective of executives is indirect intent. By introducing the concept ofsubjective more than elements By introducing the concept of the factor beyondsubjective aspects, the paper make the difference and relationship between the criminalintent and criminal purpose and refute the point of view that the indirect intentionalcannot constitute a crime of fraud of the funds.In the joint crime of fund raising defraud, this paper divide the criminal subjectinto three parts: the ringleader, the active participants and perpetrators of funding act. And analyzes the purpose of illegal possession of each part to get the legal basis of thecrime of fund raising defraud and illegal absorb public deposits of sin appear in a crime.In aspect of death penalty, based on the social public attention of Wu yingcase,this paper leads to re-examine the necessity of the death penalty for this crime, anddemonstrates the view that we should try to limit the immediate execution of a deathpenalty until it finally cancelled, by introducing death does not play a significant role ingeneral prevention and special prevention, The social public has changed the attitude ofthe death penalty and the deducing of law benefit invasive of this crime.