Study Of Crime Of Fraudulent Fund-raising

With the development of social economy, crime of fraudulent fund-raising takes place frequently and greatly affected the stability of the financial system in China, infringing upon the social public ownership of public or private property.Crime of fraudulent fund-raising has been discussed and researched a lot in the field of criminal law. Especially after a series of cases with significant social impact occurs, the research and discussion of it reach an unprecedented situation. Legislative and judicial dilemma defects have been widely mentioned within the discussion. Especially, this crime belongs to non-violent economic crimes, but the death penalty can be used in it, and there have been some real cases applied death penalty, which suffered strong criticism. The purpose of this paper is to introduce comprehensive legislative and judicial status and characteristics of this crime, and analyze the deep-seated reasons for the current criminal policy of fraudulent fund-raising, and then point out the fundamental ideas and methods of prevention.Writing method in this paper is mainly to combine some typical cases and previous theory research, to draw out the legislative and judicial status, and point out the future trends.This paper is divided into five parts. The first part introduces the basic concepts of crime of fraudulent fund-raising, the legislative history and the reasons for the high incidence of this crime. The second part is about a detailed analysis on the funding of the crime, including the four elements theory:the subject and subjective of this crime, and the object and objective aspects of it. What is "illegal fund-raising", how to define "the public", how to identify the purpose of illegal possession and other important issues are discussed in particular in this part. The third part is about the identification of this crime, described in detail the boundaries of private finance and fund-raising fraud activities and so on.The fourth part is about the introduction of typical cases and the analysis of features of different sentencing cases. By combining the cases, point out the different features between cases sentenced to freedom penalty and cases sentenced to death penalty,and also make a comparison of cases applied death sentence with a two-year reprieve and cases applied death sentence Immediate execution. The fifth part focuses on the debate of the existence or abolishment of death penalty in this crime. The fundamental idea and method are also included in this part.