Study On Issues Related To Fund-raising Fraud

In recent years, fund-raising fraud in the field of criminal law and practicepopular, this is mainly a reflection of the plight of the order at this stage of economicdevelopment. With economic development in the financial sector continues toconstruct would inevitably lead to the adjustment of economic regulation order. Basedon fund-raising fraud criminal legislation trajectory combing, the theoreticalconstruction fund-raising fraud, crime boundaries penalty application problems arediscussed and summarized in the conduct of fund-raising fraud, and focus on how toapply fund-raising fraud at this stage, so that fund raising defraud reasonablyidentified in the existing criminal justice system, and also to lay the foundation for itsfuture development.The first part is based on the provisions in the combing financing fraudlegislation and this stage, according to both sides of the subjective and objective, fromcriminal intent, illegal possession purposes, by means of fraud, illegal fund-raising, arelatively large amount and other specific aspects of understanding to construct fromthe fund raising defraud theoretical system. Fund-raising fraud is part of theFinancial Fraud, but due to the complexity of the economic activity in the financialsector, the fund-raising fraud is also showing a great deal of complexity. Especially inthese specific aspects, some common characteristics with financial fraud, while morehave their own characteristic, which is the fundamental theory system constructionfund-raising fraud.The second part is based on the basic theory of fund-raising fraud, theboundaries of the problem Study fund-raising fraud. Focuses on fund-raising fraudand private lending disputes, the boundaries of fund-raising fraud and other crimes,such as fund-raising fraud and the crime of illegal deposits from the public, theboundaries of the problem of fund-raising fraud, contract fraud the boundaries. Byhorizontal comparative analysis to more clearly reflect the connotation of fund-raising fraud, better to sure whether a crime is constituted and this crime and othercrimes.The third part of the content in the penalty applicable to the problem of fund-raising fraud, explore the configuration with the application of the Determination ofthe Amount of the fund-raising fraud, fraud in financing property punishment, qualification penalty and the death penalty. Reasonable definition of fund-raisingfraud the amount of crime on the basis of relying on the theory of criminal law,reasonable analysis of fund-raising fraud penalty issues, in order to better adapt tothe concrete practice.The fourth section is evaluated on the basis of the foregoing, the existingregulations and the theory and practice of Study fund-raising fraud. From both thelegislative and judicial point of view, the two levels of real ought to concreteexpansion of fund-raising fraud, on this basis, improve the legislative, judicial, andpropose appropriate solutions.