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On The Fund-raising Fraud

Posted on:2014-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2266330398967488Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With economic development, the incidence of financial fraud in expanding and growing trend. However, for the identification of the crime, there is a lot of controversy. Wu Ying case occurred for the majority of the public and the legal community generated a lot of controversy, there is controversy Wu Ying whether the death penalty should be imposed, as well as the specific penalty standards. This paper discusses financing fraud dispute with the constituent elements, to reach for a clear interpretation of the charges.This article focuses on the study the constituent elements of the financial fraud and controversial stop patterns of crime and common crime, crime or this crime and other crimes, as well as the abolition of death penalty and related legislation to improve the problem. In financial fraud, the object I believe that the main object of public and private ownership of property, the secondary object is the financial management order. On how to distinguish between illegal fund-raising,1think, means to identify legitimate fund raising and illegal fund-raising purposes, the main way through the use of funds. Forms of crime to stop, should be available to the perpetrator to defraud a large amount of property as Accomplished standards. Should be taken to a different standard in the crime, finds that the amount of liability, say, take crime total amount for conviction; take spoils amount that amount for sentencing. In the study of this crime and other crimes, the author cited the case of the crime of illegal deposits from the public, unauthorized issuance of company stock, corporate bonds sins, contract fraud conducted a comparative study to arrive at the conclusion the key lies in the subjective on whether the purpose of illegal possession conclusion. Finally, the theme of "Wu Ying case, combined with the international abolition of the death penalty of the trend, further analysis of the problem of financing fraud Abolition of Death Penalty, combined with the amendment to the Criminal Law" and the repeal of the13non-violent economic crimes to death the possibility and necessity of the abolition of the death penalty to arrive at financial fraud.
Keywords/Search Tags:Fund-raising fraud, illegal fund-raising, Patterns of crime, legislativeperfection
PDF Full Text Request
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