Research On The Verification Of The Crime Of Fraudulent Fund-raising

In the era of planned economy, state-owned Banks as the main body monopolythe financing market. Financing for enterprise development mainly rely onadministrative plan and instruction, and unified transfer loans by the bank accordingto the administrative instruction. And therefore there is no survival space for the folkfinancing. As the Market economic system gradually established, the bank creditmore restrictive loan approval and issuing for their own safety. Influenced by nationalmacroeconomic regulation and control, total loans also tend to be reduced. In thiscase, the folk of direct financing market increasingly active, and the folk lendingscale expands unceasingly. At the same time, fraud and other illegal fund-raisingcases soared due to the absence of financial legislation, hitting the normal financialorder and greatly harming the masses of the people’s property ownership. China’sjudicial organs and other relevant departments have issued regulations, judicialinterpretations and relevant regulations to curb the momentum of the high incidenceof fraud case funds. Due to the limitations of law and partly due to the diversity of thereality, how to accurately identified fund-raising fraud has become a real problem.From the perspective of the case of wu Ying, this article surrounds thefund-raising fraud judicial cognizance of the subject on the basis of previous researchresults, to raise a few problems that exist in the crime of fraud of judicial cognizance,hoping for accurate cognizance of fund-raising fraud research provide somereference.First of all, this paper discusses the subject of natural person and unit canconstitute this crime in detail, and discussed the financial institutions and onecompany can become the subject of this crime. This paper argues that financialinstitutions cannot become the subject of this crime in the fund-raising fraud caseaccording to the spirit of the law, There shall be a difference between a company’sdifferent conditions on individual or unit crime after a crime shall be investigated for criminal responsibility. Then in this paper, the natural person crime and unit crimeboundaries are discussed to determine whether a fund-raising fraud are summarizedfor the unit crime should be comprehensive consideration: whether for the benefit ofthe unit, whether or not is determined by the board of the unit, whether in the name ofthe unit. Act in the name of unit, is one of the important factors that unit crime, butnot all in the name of the unit crime is on the implementation of unit crime. Whetherin the unit members duties within the scope of activities, or associated with thebusiness activities of units. Secondly, in this paper, the fund-raising fraud in objectiveaspect have three conditions, namely illegal fund-raising fraud method used and theamount is larger, are expounded and analyzed respectively. The author thinks that:raising funds illegally should refers to the individual legal persons and otherorganizations in violation of state laws and regulations, promised to return, open tothe public to raise funds, should have its commitment to a higher rate of return forsociety and the characteristics of the public. The judicial interpretation stipulationabout fraud method conducive to effectively fight against the crime strictly, canconsider to cancel the fraudulent fund-raising activities this necessary condition;Fund-raising fraud amount should be the offender actually to defraud the amount ofcalculation, the principal and interest before returned to the victim of the crime shouldbe deducted. Thirdly, this paper probes into the fund-raising fraud can be formed byindirect intent and the purpose of illegal possession. The author thinks that the motiveof raising funds must be taken into account comprehensively uses the discretion ofthe return on investment and funds after the principal and interest due to raisepeople’s specific performance factors, such as in the case that person whether has thepurpose of illegal possession. According to the general theory of joint crime in thetheoretical circle, this paper outlines a fund-raising fraud joint crime should have thecondition, and divide the fund-raising fraud. Each kind of criminal responsibilityidentification problem will be discussed.Method of comparative analysis and empirical analysis will be used in this paper,Based on the research of the different ideas and specific cases, the paper will analyze the financing problems that exist in the crime of fraud of judicial cognizance, explorethe standards adopted in concrete cases, trying to accurately provide beneficialreference criterions for the conviction of this crime.