Determination On Crime Of Fraud In Financing "the Purpose Of Illegal Possession" And "the Social Public"

In recent years，with the rapid development of our economy and society，people’s livingstandards improved，personal disposable income is increasing，the illegal fund-raising casealso showed a high incidence trend. This kind of crime is not only a huge amount of moneyinvolved and the large number of victims. Especially the crime of fraud in financing，not onlyviolates the ownership of public or private property，but also does harm to the country’sfinancial management order，with serious social harm. Although our criminal law on thecrime of fraud in financing by law is strict but，due to the lag，the complexity of social life andother factors of the legislation itself，the current legislation has many defects，which led to thetheory and practice of controversy. The author tries to theoretical problems related with atypical case of financial fraud，the crime of fraud in financing "the purpose of illegalpossession" and "the social public" understanding and cognizance is discussed. The full text isdivided into four parts:The first part: mainly introduces the case related issues. This part is composed of fourparts，the introduction，the differences of opinion，the focus of controversy，the first threepart is to objectively describes the circumstances of the case，the focus of controversy isaccording to different views of both sides concluded，which leads to the second part of thisarticle.The second part: theoretical analysis of related issues. This part of the key for theresearch of this paper，related to the literature review，focus on "the purpose of illegalpossession" and "public" the understanding and recognition are explained，focusing on thedomestic and foreign scholar’s viewpoint，and puts forward the author’s own views，andprovides theoretical support for the fourth part of the study.The third part: the analysis conclusion of the case. This part will be the second part of thecase analysis and the combination，and combined with the relevant legal provisions，draw a conclusion.The fourth part: Study on the implications of this case. The existence of this part mainlydiscusses the fund-raising fraud，"the purpose of illegal possession" and "the social public"，and aimed at these questions to put forward legislative suggestions.