Crime Of Fraudulent Fund-raising

Crime of fraudulent fund-raising is generating with the developmentof social economy, and greatly affected the stability of the financial systemin China, infringing upon the social public ownership of public or privateproperty. Especially in recent years, large scope, the scale of the illegalfund-raising activities often seen on the papers, including pending case WuYing, caused extensive attention of the whole society. Since2011, theimplementation of the supreme people’s court on the trial of criminal casesillegally accepting the concrete application of law in "the explanation ofsome issues, although further standardizes the crime of application injustice, but not completely solve some existing around this crimecontroversial problems. For example, how to accurately ascertain the illegalpossession, what is fraud, collect money and illegal crime of fraud ofabsorbing the public deposit sin differentiator in where and so on, are notcovered, and academic circles for discussed these issues it is always there.This paper writing method is mainly to combination of case withprevious some theory research, to draw out problems, find the disputedpoints, thus further in this paper. On one hand, use case to verify thecorrectness of the theory, shows; On the other hand, according to the theoryto solve the problems existing in the case of wu ying and try to put forwardsome opinions of his own. In general, the full text is divided into four most:Part1: mainly introduces some of the crime of fraud of thefund-raising conceptual problems, and related legal history, and analyzesthe reasons of high incidence of crime and social harm.Part2: a detailed analysis on the funding of the crime of fraud of the crime, combined with the four elements theory, the subject of this crime,subjective and objective aspects of the object and one read to understand.Analyses the should be how to determine the purpose of illegal possessionof the subjective and the indirect intentional subjective attitude whether canconstitute this crime, what is called fraud, illegal fund-raising in the formof what, means of fraud is the crime of fraud of the funds of the necessaryconditions and crime amount of calculation method, and in the case of thecrime of wu ying about the conflicts are reviewed.Part3: raising funds for the crime of fraud of the judicial cognizanceof the problems in the analysis. Mainly includes, the crime of fraud of thefunds and legal funding behavior, folk lending practices boundary; Thiscrime and illegal absorb the public deposit contract fraud crime, thedifference between crime accomplishment, and attempted standard andcrime number form.Part4: the crime of fraud of the funds around the death penalty for therationality of discuss, put forward in the crime of fraud of the funds shouldnot set up the death penalty in the reason, and combined with wu yingproduce the social impact of the case is to review the development of wuying case to put forward their views.