New Research On The Crime Of Fund-raising Fraud

There are controversies between theoretical and practical circles on the identification ofthe purpose of illegal possession, the limits of illegal fund-raising and private financinglending, ect. The text, oriented to the problem of consciousness, around constitution of thecrime and judicial determination of fund-raising fraud, discusses the controversies anddifficulties in theory and in practice, so as to make legal interpretation in line with the spirit ofthe legislation and in order to better guide the judicial practice activities.The article consists of introduction and text, and the text is the body which includes3parts.The first part is the understanding of constituent elements of fund-raising fraud. In thispart, the author mainly discusses the purpose of illegal possession, behavior and a relativelylarge amount of fund-raising fraud. For the purpose, starting from difference of the meaningof "possession" between in criminal law and civil law, explains the meaning of "illegalpossession" on the understanding of othe country’s, Analysis of “illegal possession"generation time estimation problems under different conditions and recommending treatment,and in the case of a lack of direct evidence, the criteria for identifying by the interpretation of“illegal possession” in judicial interpretation, which is the innovation of this text. Whilediscussing the behavior of this crime, the text analyzes the connotation and extension of "wayof fraud" and "illegal fund-raising" and “the Community”,and proposes the distinguishingcriteria between "private-lending-financing" and "illegal fund-raising" on the basis of analysisof private-lending legitimacy. As for the the amount of this crime, this part deeply investigatesthe legal status of a relatively large amount, due to the analysis of the applicable standard ofthe amount of crime.The second part is the judicial determination of fund-raising fraud. This section mainlytalks about two parts. The first part is about the delineated standards of the crime circle offund-raising fraud, which is also one of an innovation of this text. Taking China’s financialand economic situation and status as the background, it proposes that the basis of delineationabout the circle of crime should follow the basic principles of the market economy, includingequality and autonomy, honesty, fair competition. If a act is not seriously breaching the basicprinciples of the market economy, it should not be included in the criminal system; The second part is about the attempted and accomplished offense patterns of fund-raising fraud,which mainly discusses the scope of attempted morphology of this crime, concluding that thebasic commit don’t exist the attempted form, and the consequential offense does exist theattempted morphology. Then put forward the distinguishing standard between the attemptedand the accomplished.The third part is the application of penalties and perfect of fund-raising fraud. This partputs forward some suggestions on3aspects: to creat and improve the eligible for punishment,to adjust and improve the property punishment, to expand and improve the death penalty,which is based on the analysis of the legislation mode of this crime in our criminal legislation.