The Reserch Of Victim’s Fault And Application Of Punishment In Thecrime Of Fraud In Financing

In our economic system from a planned economy to a market economy transition period, the financial system began to develop, along with open financial markets, rising number of cases of economic crime has become one of the hot social issues. Especially in cases of financial fraud, a huge amount of money involved, the impact of a very wide range of criminal behavior is emerging in the wake of the financial crisis. Indeed, "no victim no crime," as the victim in the criminal legal relationship with the offender’s role corresponding relations in recent years, more and more attention. In the field of fund-raising fraud, the victim is desperate chase Gregory, who eventually sacked because of illegal fund-raising and empty-handed. But when the judge raising social fraud is more directed against illegal fund raisers that all responsibility should be borne by the fund raisers, while ignoring the law blindly chasing the victim wrongdoing loan sharks did not even take the initiative to get people’s attention, This is undoubtedly unfair to judge those responsible for illegal fund-raising. Up to now, for raising the issue of fraud in the study a handful of victims, and is limited to the victims and their mistakes as well as the basis for the definition of suitable theoretical basis to explain why the victim at fault for mistakes in practice, how it affects victims of criminal offender In practice, such as the level of commitment of guiding significance to study involved almost no one. Therefore, I take this opportunity, through collecting, analyzing a large number of case materials, combining the basic theory, three parts of the relevant issues raised in the field of fraud victims fault to sort out the final establishment of financial fraud and criminal penalties apply to people affected system.Part I: Financial fraud in the definition of the victims fault. I would Criminal Victims from the criminology sense to distinguish, and from the interaction between the victim and the offender, and the legal interests protected point of view that victims of criminal law research in the field should be defined as "a specific law criminal acts in direct violation of beneficial ownership person " includes both natural persons and legal persons and other organizations and countries. Furthermore, I will raise funds for victims of fraud in the country is divided into two levels of natural and explore the victim in the criminal process fault expression.Part II: Impact of the current situation of the victims fault financial fraud penalties applicable to analysis. In this section, I will extract valid cases collected factors statistics, graphically demonstrated in the field of fund-raising scam, the victim in this case the fault of sentencing in the field of administration of justice in our country and the problems reflect applicable, the analysis phase fault occurs victim dilemma faced applicable.Part III: Victim fault concrete proposals for financial fraud penalties apply effects. How to identify and apply the fault of the victim in the judicial practice is the key to solving the problem. The first section establishes the principle of victim impact fault penalty applies- A self-responsibility principle, and for the problems found in the empirical investigation, combined with the provinces on the victims fault current plot applicable provisions of the victim as well as the degree of fault identification division, thus establishing the fault of the victim impact on penalties applicable to three-level model.