| Recently,the prevalence of the private lending has given rise to a great deal of dispute on raising fund.But there are some legal disputes on identification of the crime of fund-raising frauds.It is attracting special academic and judicial concern.For such a highly harmful, widely influential and strongly concerned financial crime, the author thinks we need a systematic grasp or constructed complete theoretical framework.On the one hand,there are many obstacles between guilt and innocence, and between this crime and that crime. The identification of the financial fraud crime is not clear in practice.On the other hand,with the international judicial foot stepping in our country, the abolition of death penalty is in the judicial practice. Criminal law amendment eight has abolished death penalty pf13non-violent economic crimes that exists in China. Under such international and domestic major premise, our country still retains the death penalty of fund-raising fraud, this is questionable.With its stress laid on the abolishment of the death penalty of fund-raising fraud crime,we need solution in handling the confusions and disputes and in restricting the application of death penalty..For this reason, the author,bsing on the view of WuYing and The supreme people’s court’s Interpretation on solving the concrete application of criminal cases of illegal fund raising questions in2011,gives some suggestions in practice to solve the problems.Apart from the introduction and conclusion, this thesis could be divided into five parts.Part one talks about the case of WuYing and makes a detailed analysis on some legal issues.Part two makes a list about the legal process of the financial fraud crime,and point out the necessity of the research.Part three illustrates the the legal defects and talks about the crime constitutions,especially about the identification of subjective " illegal possession",identification of objective "illegal fund raising","methods of fraud","relatively large",and explanation of conviction standard.It is analyzed that "illegal possession" of financial fraud crime should happen at the same time with its behavior,and subjective intention should not be deduced according to the subsequent conduct.The methods of fraud,must be determined according to the essence of the fund-raising fraud, not only limited to the provisions of the judicial interpretation.Illegal fund-raising objects, as long as the offender commit fund-raising fraud behavior for most people, even if in a specific range, may also constitute the crime. The amount of crime of fraud is the number of money that the offender can not return when the case happens.Part four talks about the identification of the financial fraud crime, and tells how to make a clear distinction between guilt and innocence, and between this crime and that crime.Respectively fund-raising fraud and folk lending, fund-raising fraud and the crime of illegal-absorbing public deposits, the crime of fraud of the paper, the crime of ordinary frauds.Then we can define the denotation and connotation of fund-raising fraud more clearly, and how to distinguish between attempted and accomplished, one crime and several crimes.Part five illustrates the application of death penalty,and points out that death penalty of financial fraud crime should be abolished. |
