The Research Of Non-governmental Financing Fraud Crime

Private financing is already a common social phenomenon in jiangsu and zhejiang area, legitimate private financing behavior is adjusted by the civil law.However Criminals do not hesitate to violate the law in order to profit. The situation of these complicated cases is different. Some cases after the judicial trial have caused a strong reaction in society. Social satisfaction can effectively measure whether a law to adapt to the specific circumstances, it is also one of the factors which lawmakers have to take into account. This article through the analysis of the pravite financing fraud crime and non-crime, this crime and crime of fraud crime qualitative analysis to study the private financing. Then analyze problems, finally put forward the solution. The following introduce the structure of this article:The first chapter summarize the folk finance fraud crime, and generalize the folk financing. First, the chapter puts forward the concept of private financing fraud crime, clear the problem that what is private finance fraud crime. Second briefly describes the private financing type of fraud, Finally summarize characteristics of private financing fraud crime.The second chapter is the cognizance of the crime of fraud crime with the private financing. To be specific, the objective aspect includes two perspective of behavior standard and put on record. Subjective aspect includes perspective in the form of sin and the motive, purpose.The third chapter constitutes the crime of private financing and fraud crimes whether or not. Except the objectice and subjective aspects which is similar to the second chapter, it adds to distinguish the law itself. The specific is as follows:to compare the two crimes, which itself is divided into legislation system and the sentencing range; From crime behavior to compare two crimes, respectively from the theoretical point of view and standards in the process of practice point of view; To compare the two crimes from the subjective aspect, mainly distinguish "the purpose of illegal possession" which is subjective psychological activity.The last chapter is the problems of private financing fraud crime and solutions, mainly summarizes the problems existing in the judicial practice, and puts forward appropriate suggestions. Problems are mainly summarize from two aspects to funding providers and demanders.This is on account of the party of products needed for lack of funding and capital demanders financiers financing restricted; As to the solution from the legislative and judicial aspects put forward to appropriating recommendations.