The Research On Crime Of Fraudulent Fund-raising

In China, the crime of fraudulent fund-raising has recently been running rampant increasingly.This crime of fraudulent fund-raising is a complicated issue, and identification of such crime willnot be simple. Many issues have arisen in the circle of the theory of criminal law and juridicalpractice. Under such conditions, it has become a new task confronting the judicial officers to makeefforts in crime prevention so as to restrain and reduce the crime of fraudulent fund-raising.This article is written in response to the actual requirement for preventing and cracking downon the crime. This article consists of four parts:“Survey of Crime of Fraudulent Fund-raising”,“Constitution of Crime of Fraudulent Fund-raising”,“Judicial Identification of Crime ofFraudulent Fund-raising”, and “Law Countermeasures against Crime of Fraudulent Fund-raising”.The first part deals with the current situation, evolution and concept of the crime of fraudulentfund-raising. The second part elaborates the legal rights and interests encroached by the crime offraudulent fund-raising and the objective and subjective characters of the crime. The third partdiscusses the line of demarcation between the crime of fraudulent fund-raising and non-crime, andthe demarcation between the crime and other crimes, and the identification of uncompleted crime,joint offence, and institutional crime. In the final part, the author expounds the application ofcriminal law to the crime of fraudulent fund-raising, the relation between the readjustment ofpreventive laws and readjustment of criminal law, and the related laws to be perfected.The author expects this paper to be a contribution to the legislation and jurisdiction on thecrime of fraudulent fund-raising, and the research into the crime as well.