The Crime Of Fund Raising Defraud

Apart from the introduction and conclusion, this thesis could bedivided into four parts, namely, the constitutive requirements, theidentity of special criminal pattern, judiciary verdict and theadaptation of death penalty of financial fraud crime.Part one makes a detailed analysis on the basic theory of financialfraud crime through identification of objective “illegal fund raising”of financial fraud crime, identification of subjective “illegalpossession”, and explanation of conviction standard. In the objectiveaspect, this thesis also proposes that broad explanation on “Withoutpermission from the competent authority” should be given, not justlimited to the judicial explanation; as for subject of illegalfund-raising,“social public” defined in judicial explanation shouldalso include the public in specific range; as for the concrete way ofillegal fund-raising, judicial explanation has made a detailed provision,including10types of behavior of illegal fund-raising, but due to thedevelopment of economy and the lag of the rules, we should not be confinedto these10rules. In the subjective aspect, differences of “illegalpossession” in criminal law and civil law should be clarified at first,and then identification of“illegal possession”in financial fraud crimeshould be made. And it is also analyzed that “illegal possession” offinancial fraud crime should happen at the same time with its behavior, and that the doer’s subjective intention should not be deduced accordingto the subsequent conduct. On the aspect of identifying the convictionamount, judicial explanation provides that the amounts of financial fraudcrime should exclude the part returned before the case, in which thereare obvious inadequacies. In this article, the author makes a detailedelaboration about it, and points out that conviction should be madeaccording to the total amounts.Part two makes a description on the identification of special criminalpattern of financial fraud crime, including common crime problems and unitcrime problems. On common crime problems, this thesis elaborates on theidentification and shared responsibility of common offenders, and theconviction and sentencing to the common offenders should take differentstandards; it also expounds the unique “agent” phenomenon in financialfraud crime, and the author believes that analysis should be madeaccording to the specific circumstances. On unit crime problems, it makesa demarcation on the unit crime, and analyzes the applicable penaltiesof the unit crime and the natural person, the inadequacies on regulatingthe prosecution standard, and the rationality of difference existing inthe applicable penalties.Part three illustrates the identification of the financial fraudcrime, the raising-fund dispute, and related crimes. The prevalence ofthe private lending gives rise to a great deal of dispute onraising-funding. It is the most important problem in judicial practiceto make a clear distinction between guilt and innocence, and between thiscrime and that crime. The author makes a detailed explanation on this part.Part four illustrates the application of death penalty. This partmakes an analysis on the application of death penalty of financial fraudcrime, and points out that death penalty of financial fraud crime shouldbe abolished, while in practice, there is the need to adapt the death penalty. For this reason, the author gives some suggestions forrestricting the application of death penalty ought to be perfect onlegislation and judicature.