Identification And Legislation Applicable To Raudulent Fund-raising

In recent years, a spate of Ganzhou raising a series of large fraud, fraudulent crimes such strong activities in various forms, means hidden, huge amount of money involved, victims of a wide range of range of personnel, financial fraud crimes seriously disrupting the financial market order, violations citizens, legal persons and legitimate interests of other organizations in the community have attracted wide attention.Ganzhou financial fraud case will be handled by the author with Zhejiang qualities of Holding Group Co., Ltd. Wu Ying fund-raising fraud were compared and found that raising the core issue is nothing more than fraud:conviction:the behavior of people are using the "use of fraud" the "method of fraud" fund-raising fraud fraud in addition to considering a general understanding of the basic principles, but also consider the financing of specific areas of special restrictions. Sentencing:the financial fraud should be set up to whether the death penalty sentencing range; in sentencing whether to blame the victim.Existing criminal law for illegal fund-raising more contradictory regulation, when recognizing financial fraud crimes, how to distinguish between crime or judicial practice, there is a certain controversy when this crime and other crime, when recognizing the subjective purpose of illegal possession, often using presumption rule, in particular, how to distinguish between normal and illegal fund-raising private financing there is a certain degree of difficulty; legal sentence is too high, can not reflect the principles of sin when its penalty.In this paper, relying on the judicial practice, through case studies, comparative analysis, empirical analysis, to handle judicial cases of financial fraud has typical significance of judicial practice identified issues were discussed. In the paper the idea, the author of fund-raising fraud will be defined on the basis of demonstrated financial fraud crimes and how to define the behavior of private financing, the distinction between this crime and other crimes, from the perspective of judicial practice demonstrates how to accurately apply the Criminal Code conviction and sentencing and how play a fund-raising fraud prosecution of crime prevention functions.In the article the structure set up, the first part of the thesis, the author will define the crime of financial fraud, crime constitution, realistic characteristics and our fund-raising fraud of legislative history, etc. briefly described, and the United States, Japan, Germany for such conduct criminal regulation of the criminal law and the fund-raising fraud were compared to analyze the strengths and weaknesses of the current legislation, the judiciary. The second part, I will combine practical handling, from the regulation of the current status of private financing, combining the characteristics of private financing of production and development, analysis of the economic significance of private financing, fund-raising fraud and accurately draw the normal behavior of private financing limits, thereby distinguishing Zuiyufeizui. The third and fourth parts, from the perspective of the author of this crime and other crime definition of view, the fund-raising fraud and general fraud, the crime of illegal deposits from the public as well as unauthorized charges issued shares, the company, corporate bonds and other crimes are compared to and accurately grasp the relationship between the quantity of crime offenses, to facilitate accurate conviction in judicial practice. The fifth part, the author will be from two aspects prevent incrimination and accurate application of penalties objective point of view, on the one hand on how to identify the perpetrator subjective intent of the legislative, judicial status of in-depth analysis, wrong with the current criminal law and judicial interpretation; on the other hand from a legal philosophy, the balance of the Penal Code and victim protection fault financial fraud and other aspects of the death penalty for improper conduct analysis. The sixth part, the actual work on how to prevent financial fraud crimes, from improving the financial regulatory system, Constructing financial legal system of market economy, the protection of the rights and interests, and other functions of the judiciary to play over a level, put forward a sound legislative and financial fraud judicial interpretation of opinions and to prevent financial fraud countermeasures.