Sun Mou Etc Fund-raising Fraud, And Xue Mou Etc Ilegal Absorbing Public Deposits, Case Analysis

Along with our country economic structure form is undergoing profound changes, financial crimes in our country the situation is more serious, among them with fund-raising fraud crime, the crime of illegal absorb public deposits is more outstanding. By studying the past court registration acceptance of the case, it can be seen that the number of cases of illegal absorbing public deposits increased year by year; The amount is bigger and bigger; Unit crime and cross-regional crime increased; Criminal means towards specialization, cause serious harm to the state and society. Starting from the protection of the normal financial order, or raising funds from the punishing and preventing fraud, the crime of illegal absorb public deposits's point of view, the in-depth study on the crime of illegal absorb public deposits has feasibility and necessity. This case in nanjing runzai biological company sun mou, Hu Mou fund-raising fraud,Xue Mou, ma mou,and zhou mou illegal absorbing public deposits of,perspective application. Starting from the case fact and judgment dispute,of the prosecuting and defending parties in the dispute focus mainly concentrated in the sun, Hu Mou behavior belongs to fund-raising fraud or illegal absorbing public deposits, Xue Mou does not constitute a crime of illegal absorb public deposits and Hu mou whether as principal. This case reflects the fund-raising fraud identified some of the problems. The author puts forward his own views and opinions on these problems, to deepen our understanding of these problems. The first contention, expatiates the legislation evolution and the constitutive requirements of crime of fraud of the funds. Argument sun hai would yu, Hu Mou does not constitute a fund-raising fraud. The second controversial point through the four elements of criminal offense of illegal absorbing public deposits problem research. The illegal practice in crime of illegal absorb public deposits, the public, disrupting the financial order and other related concepts to explain Xue Mou does not constitute a crime of illegal absorb public deposits, etc. The third controversial point through master-slave studies, mainly expounds the law of several relatively vague concept, clarify the various characteristics of behavior, in order to illustrate Hu Mou should be identified as principal.