The Crime Of Fund Raising Defraud

The problem of illegal fund-raising has been a major problem of financial management.With the prosperity of the market, diversification means of fund-raising fraud, the judiciary isdifficult to identify fund raising fraud. As the exposure of “Wuying” case and “ZengChengjie”case, financial fraud has become a hot topic once again. The rising of private financingactivities provided an opportunity for the private economy. However, due to the deviation inthe "method of fraud" and "illegal possession" of fund-raising fraud, it blows fund-raisingfraud too widely, also deteriorating of the private enterprise financing environment. Inprevious studies of fund-raising fraud, Most scholars do the research of the crime constitutionof fund-raising fraud from the perspective of normative science. However, for the problem ofexcessive crackdown, my paper mainly focuses on the uniqueness of the financial sector,starting from the point of view of substantive criminal law, we should limit the scope of thecrime of. fund-raising fraud. Firstly, we should carefully consider the "purpose of illegalpossession" and adhere to the principle of unity of subjective and objective process in thecriminal presumption. Secondly, I believe that the social field can be divided into areas of life,as well as speculation field and professional field. The standard of "Fraud approach" shouldbe more and more stringent in these three fields. At last, In addition to strictly controlling theentity, we also can prevail in civil proceedings to restrict the application of the crime. Inaddition, the paper argues for abolish the death penalty in fund-raising fraud and analyzed thenecessity of it.