On The Judicial Determination Of Financial Fraud

In China’s financial crime, crime of fraud is the most prominent is the most sensitive,while the Wu Ying case is a typical case for the fraud cases. Financial fraud in judicial identification is difficult "the purpose of illegal possession", illegal fund-raising behavior as well as the subject of the crime cognizance. The purpose of illegal is a subjective state of mind, the objective need of action for confirmation; illegal fund-raising behavior is the objective aspects, our country criminal law and relevant judicial interpretations are provided.Determination of the subject of crime, the main difficulty is that after the difficult to distinguish is the unit of behavior or personal behavior, have a direct impact on the characterization of the case that. In the judicial practice relating to financial fraud crime appeared a lot of controversy, especially in the Wu Ying case most fierce controversy. Many lawyers say: Wu Ying is borrowing the ordinary, does not belong to the illegal fund-raising behavior; Wu Ying "purpose of illegal possession of identification is not clear, have the suspicion of individual behavior to impose charges; Wu Ying case is not Wu Ying, but the unit behavior. The author through the analysis of this paper, based in the correct determination of the Wu Ying case, put forward to our fund-raising fraud improvement suggestions.Financial crime is a product of China’s reform and opening up after the development of market economy. The fund-raising fraud is one of the most harmful, it is not only against our country’s financial management order, violation of public and private property rights, adverse impact on social stability, the most important is to get the country was economic development, building a socialist harmonious society have caused serious negative impact. At present, China’s fund-raising fraud criminal regulation and related judicial interpretations more complete. But in judicial practice still occurs much controversy, the reason: First, the relevant laws and regulations not detailed enough; secondly, subject to the provisions of the criminal law is not enough to understand the country finds unity in the judicial process. To further clarify the judicial determination of financial fraud problem, I wrote this article.This article is about 2 words, in addition to the introduction, is divided into four chapters:The first chapter, the general situation of the Wu Ying case, this chapter introduces the basic case focus Wu Ying case and dispute of this case. Clearly pointed out that the Wu Ying case three key point is "illegal fund-raising behavior or private lending" "whether to have the purpose of illegal possession" "is a unit of behavior or personal behavior".The second chapter, the judicial cognizance about the Wu Ying case "illegal fund-raising". One of the focus of controversy in this case is: the relevant scholars and Wu Ying’s lawyer Wu Ying’s behavior that is borrowing the pure, not illegal fund-raising behavior.This chapter through the concept, the private lending features, analysis of illegal fund-raising concepts, characteristics, clear boundaries of private lending and illegal fund-raising, so sure that Wu Ying’s behavior belongs to illegal fund-raising behavior, rather than borrowing.The third chapter, the case of Wu Ying "the purpose of illegal possession" of the judicial cognizance. "The purpose of illegal possession" determination is a little Wu has the most controversial. The chapter finds that from the "the purpose of illegal possession" of the legal basis and existing problems, in-depth analysis of the subjective aspects of the Wu Ying case identification is accurate.The fourth chapter, through to the Wu Ying case main body of judicial cognizance, draw the Wu Ying case is Wu Ying’s personal behavior, denied the Wu Ying case unit behavior.The fifth chapter, reflect the Wu Ying case. Through the above analysis, recognizing that has caused great controversy in the final analysis is due to the presence of defects in the legislation, therefore the suggestions and ideas of their own.