Fund-raising Fraud And Folk Lending Limit Problem Research

Private lending indispensable supplement to the formal financial effect, made hugecontribution to China’s economic growth, but every year there are a lot of folk financingbehavior into fund-raising fraud crime, illegal fund-raising emerge in endlessly. At present ourcountry criminal law theory and practice of private lending and fund-raising fraud boundariesbetween the study from the subjective whether has the purpose of illegal possession,objectively whether fraud method in view of the public use, promise the interest difference,such as Angle analysis, to effectively distinguish between the two provides a good idea, butneed to be further comb and refine the distinction between the two standards; About the"purpose of illegal possession" and "public", the standard of "fraud" referring to the crime offraud of the discourse, funding and differing views, difficult to grasp, need further in-depthstudy. The author in this article is conducted on the basis of carding literature summary, inorder to deepen the study and understanding of the problem, the clear dividing line of boththeory and practice of effective help.The full thirty-two thousand words, is divided into three parts:The first part: summary of fund-raising fraud. In this part, firstly the concept of crime offraud of the fund-raising and both characteristics. On this basis, further analysis studies ofdifferent point of view of the subjective and objective constitutive requirements of crime, putforward their own views, especially for the purpose of illegal possession that were describedin detail.The second part: summary of private lending. Comb in academic circles on the basis ofthe definition of a variety of folk lending, first has carried on the summary and the meaning ofthe private lending in this paper. Then introduces the history of private lending, analysis therationality of its existence. Finally it is pointed out that the folk lending, though a greatercontribution to our country economy has long held in a state of "illegal" reality, advocates thefolk lending legal system.The third part: the fund-raising fraud and folk lending limit. This is the focus of thisarticle research part, two steps for fund-raising fraud and the boundaries between privatelending for research. The first step, to see whether a folk lending in the subjective with thepurpose of illegal possession, with the purpose of a fund-raising fraud, don’t have the privatelending is only general disputes. By analyzing the connotation of the purpose of illegal possession, are given in the theory and practice of judgment standard, and then combined withthe specific case to illustrate the author refined standards, namely for the cognizance of thepurpose of illegal possession should respectively from the two aspects of subjectivepsychological status and objective performance, adhere to the unity of the subjective andobjective, comprehensive and detailed analysis of the case, from the actor’s subjectivestatements, economic conditions, the way to raise money, the sincerity of purpose and use, theperformance of the financing contract, raised after the use of the method, before and after thecrime, whether has to return ability and attitude after the default, and a series of subjectiveand objective performance, to that person whether has the purpose of illegal possession. Inaddition, the author has proposed in determining whether there is the purpose of the mattersneeding attention. The second step, to see whether the object is the social public funding, andwhether to use the means of illegal fund-raising fraud. Understanding of the "public", therehave no specific most people "and" no specific or majority "two kinds of understanding, theauthor in favor of the latter. And then to friends and relatives and unit internal staff canconstitute a fund-raising objects, the "public" on the number of criteria and academic circleson the five kinds of judgment standard for the social public, and combining the "Zhe JiangWu Ying case" discussed own view. Then expound the meaning of "use fraud method", themethod and the understanding of its due. After analyzing the definition of "illegalfund-raising", means, classification, characteristics and specific legal basis, judgment method.The fourth part: the concept of distinction between the two boundaries. Pointed out inthis part of the crime of fraud of the private lending and fund-raising process should payattention to distinguish the three problems: one is in the case of "forced" to use the criminallaw; The second is to adhere to the way of "punishment after the ancients"; Three is to try tospecification guide to private lending.