Several Studies On The Crime Of Fund-raising Fraud

The release of the Chinese academy of social sciences social blue book said in2012, mixed withfolk lending market scale, the price structure and default risk, China’s private lending market total morethan4trillion, about10%-20%of the bank lending in the table. The security of the private lending marketin relation to China’s financial safety. Cases in recent years, more and more shows more and morefund-raising fraud associated with the folk lending, especially the sensation of the wu ying case once againcaused the social from all walks of life for fund-raising fraud investigation and research, as a theory ofcriminal law learners, the author intends to comb the wu ying case from the perspective of criminaljurisprudence and the resulting fund-raising fraud in our country the legislative and judicial application ofsummarizing, analyzing, questioning, and outlook.Thesis mainly consists of five parts. The first part of the article mainly is “the question put forward”,which leads to the problem by the wu ying case, first of all to the case clear and brief review of wu yingcase, then the dispute problems, solve the problem one by one later.The second part of the article is “the summary of the crime of fund-raising fraud”, this part is thefoundation, from the three aspects of the status quo of financial fraud, first is the legislative presentsituation indicates that the crime of fraud, including the death penalty legislation legislative history of thecrime and the crime of the whole; second is the judicial explains the current fund-raising fraud; the thirdstatus crime of fund-raising fraud is what now. By various situations we can get the overall knowledge ofthe fund-raising fraud.The third part of the article is “the conception and constitution of the crime of fund-raising fraud”,this part is key part of the thesis, fund-raising fraud object, objective aspect, subject, subjective aspects ofcrime constitution, focuses on analyzing the objective aspects of the “defraud” method and “illegalfund-raising” behavior, subjective aspect and the cognizance of “for the purpose of illegal possession”. Incounterpart to discuss the wu ying case in the process of criminal facts and decide how to deal.The fourth part of this article discusses “the cognizance of fund-raising fraud”, fund-raising fraudand crime of illegal absorb public deposits, fraud, issue stocks or company or enterprise bonds SINS, fraud issue stock, bonds, and private financing from contact, thus by contrast, is more clear to grasp thefund-raising fraud.The fifth part of this article discusses “the financing problems of fraud and its perfect”. Synthesisabove analysis of the fund-raising fraud problem part, sums up the problems of the death penalty should beabolished in legislation, and judicial application “for the purpose of illegal possession” as the improperexpanding existing problems and its applicable scope of the problems, and raises on the legislative andjudicial application respectively on how to improve.