Research On Several Problems Of Crime Of Fraudulent Fund-raising

The crime of fraudulent fund-raising is the product of the development of marketeconomy. Crime of fraudulent fund-raising, as a crime in the category of crimes offinancial fraud with the biggest social harmfulness, not only disturbes the nationalfinancial management order, infringes the property rights and interests of the massesbut also affects the stability of society, causing serious negative effect on ourcountry’s economic and social development. Therefore, dealing with funding fraudcases well has the extremely vital significance. At present, there is still muchcontroversy on some issues of crime of fraudulent fund-raising in our countrycriminal law theory, which causes a variety of problems for the identification of crimeof fraudulent fund-raising in the judicial practice. To further clarify a number ofissues about crime of fraudulent fund-raising in the theoretical knowledge and thejudicial practice, I write this article.According to the analysis of Wu Ying fund-raising fraud case and by thecombination of relative theories in Criminal Law, this paper attempts to discusses indepth about some problems referred in this paper, such as,the identification of theobjective aspect "use fraud method to make illegally accepting" and the subjectiveaspect "the purpose of illegal possession", the boundaries of crime of fraudulentfund-raising and not a crime, the boundaries of this crime and that crime, and thedeath penalty for crime of fraudulent fund-raising, and puts forward my views on thiscase. The paper is divided into six parts, about15,000words.The first part, the cause of action. That is Wu Ying fund raising fraud case.The second part, the introduction of the case. The occurrence and developmentprocess of the case are introduced in brief.The third part, the focus of the case. This case at issue has four aspects: the firstone is whether Wu Ying uses fraud method objectively to raise funds illegally. Thesecond is whether Wu Ying has the purpose of illegal possession subjectively. Thethird is whether Wu Ying commits a crime, if so, what does she crime, the crime offraudulent fund-raising, the crime of illegal deposits from the public, or other similarcrimes? The fourth is whether Wu Ying should be sentenced to death.The fourth part, controversy and disagreement. This paper introduces the viewsand reasons of each parties on several focus problems in this case. The fifth part, legal analysis. This is the main body of the paper. Firstly, I carriesout a detailed analysis on how to correctly understand and identify the objectiveaspects "use fraud method""raising fund illegally" and the subjective aspect "thepurpose of illegal possession" of crime of fraudulent fund-raising. Secondly, thejudicial recognition of crime of fraudulent fund-raising is studied. As for the theboundaries of a crime and not a crime, this section mainly analyzes the differencebetween fund-raising fraud crime, legal fund-raising behaviour and private lendingdisputes. Meanwhile, as for the the boundaries of this crime and that crime, thedifference between the crime of fraudulent fund-raising and illegal absorbing publicdeposits crime and other similar crimes is mainly analyzed. Finally, this sectiondiscusses the death penalty application to crime of fraudulent fund-raising, analyzesthe necessity that death penalty be reserved for crime of fraudulent fund-raisingcurrently, and puts forward the strict application of the death penalty in practice.The sixth part, conclusion. In this case, I make comments on whether Wu Yinguses fraud method objectively to raise funds illegally and whether Wu Ying has thepurpose of illegal possession subjectively, point out that the sentence of the first andsecond instance court to Wu Ying is correct, and think that Wu Ying commits crimeof fraudulent fund-raising. However, the sentence of the first and second instancecourt to wu ying case is biased to some extent, and Wu Ying should not be sentencedto death from my point of view.