Research On The Crime Of Fund-raising Fraud

Fund-raising fraud as a phenomenon of illegal fund-raising, seriousviolations of the public and private ownership of property and the country’s financialmanagement order.In recent years, with the rapid development of the economy, thecontradiction between supply and demand of funds has become increasingly evident,financing fraud crime also showed a trend of high incidence. Although the law hasbeen strictly crack down on criminal policy, but the effect is not satisfactory. Therefore,innovation analysis of fraud in financing the establishment of the legal basis, explorefinancing fraud established background from the source, and to crack down onfinancial fraud criminal should implement policies to put forward their views.Meanwhile, system analysis the problem of constituent elements, legislative perfectionof financial fraud, in order to provide useful lessons effectively combat the financingfraud crime.This paper is divided into three part to discusses:The first part is Chapters I and II of the article. The main Exploration of the briefon the development process and the legislative history of financial fraud, and fraud infinancing the establishment of the legal basis and Criminal Policy Analysis.The second part is Chapters III and IV of the thesis. The four constituent elementsof financial fraud and judicial determination of analysis. Focus on the object andobjective analysis of fund raising to defraud. On the subject matter, we agree with themainstream view that fund raising defraud violated the double object have differentviews, but to be the object of primary and secondary violations, The paper argues thatthe main object of financial fraud violations should be public or private propertyownership, and the secondary object is the order of the country’s financial management.Objectively investigate “the illegal fund-raising”,“by means of fraud”,“largeamount”three aspects, distinguish the illegal fund-raising and the boundaries oflegitimate fund raising, to reflect the current fraud provisions of Temper Justice withMercy Criminal Policy situation recognized standard amount. On the judicialdetermination,mainly discusses the financial fraud and private financial borrowings,other fraud class crime as well as other cases of illegal fund-raising limits anddistinguish, in order to practice correctly identified reference to this crime and othercrimes. The third part is the fifth chapter of this article, the main financial fraudlegislation improve recommendations.Financing fraud in the positioning of theCriminal Law proposeda new view of financial fraud should be a crime againstproperty, and so should be separated from the Financial Fraud classified as crimesagainst property chapter. On the penalty set of fund-raising fraud, pointer that themaximum punishment prescribed death penalty should be abolished.