On Subjective And Objective Unity Principle Of Judicial Determination Of The Crime Of Fund Raising Defraud

Subjective and objective unity principle is developed on the basis of thecriticism of subjectivism, objectivism and eclectic theory of criminal law andinheritance, it is the conviction, sentencing and execution process of the organicunity of the dialectic of objective and subjective factors, but also one of the basicprinciples of the criminal law. The principle of subjective and objective unity of itsscience and rationality have important role in guiding China’s criminal legislationand criminal justice. The Crime of Fund Raising Defraud is a frequent financialcrime,because of its large amount of crime, serious harm to the social and economicorder, so it is the destruction of an important kind of offense in the socialist marketeconomic order offenses. In practice, the identification of the Crime of Fund RaisingDefraud also has a lot of controversy. How the judicial practice of financial fraud inthe use of the principle of unity of subjective and objective, to correctly identify theoffense, is a problem of practical significance.According to the principle of unity ofsubjective and objective, the identification of the Crime of Fund Raising Defraud cangrasp from two aspects, the subjective and objective aspects. Subjective aspects ofpurpose of illegal possession identified is the key point that must be addressed in theadministration of justice，it should be read in conjunction with the objective behaviorand results identified the elements should not simply be considered a factor.Objective aspect of the Crime of Fund Raising Defraud, including fraud method, illegalfund-raising, a relatively large amount. Identified the objective aspect of the Crime ofFund Raising Defraud should be noted that the objective is to reflect the subjective.Wayto truly subjective and objective unity of principle carry out the process ofrecognition of the Crime of Fund Raising Defraud,in order to avid the subjectiveincrimination and objective incrimination,and to reduce miscarriages of justice.