The Crime Of Fraudulent Fund-raising

The crime of fraudulent fund-raising is the result of the contradiction between the rapid development of socialist market economy and the social idle funds,it occupies an important position in the crime of financial fraud,and it's a research hotspot in the theory and practice circles in recent years.The cases of the crime of fraudulent fund-raising is increasing in recent years and the criminal means increasingly renovation,it's a huge damage to the socialist market economy order,seriously affected the social harmony and stability.This paper start of Wu Ying case and make us to think about the crime of fraudulent fund-raising,it is divided into four parts: the first part is the concept of the crime of fraudulent fund-raising,and have a history systematically listed in legislative;the second part give a detailed analysis of the elements of the crime,focus on research of unit crime,such as how to distinguish between unit crime and natural person by the name of the unit crime,such as the qualification of the subject of dispute in financial institutions,internal organs or branches of units,one-person company,how can they become the subject of the crime.The subjective aspect of this crime should be direct intention;the third part discusses the difficulties in the judicial practice identified,such as how to identify and propose the optimization path for the purpose of illegal possession;such as how to identify between fraud method and illegal fund-raising,introducing new cases of fraud method appears in Internet,and puts forward weakening or cancel the status of fraud method,suggesting use of illegal fund-raising method instead of fraud method as the element of objective aspect;such as the amount of crime identified;the relationship and difference between the crime of fraudulent fund-raising and other crimes,they are the crime of illegally absorbing public deposits,the crime of issuing stock and corporate bonds without authorization,fraud issue stock,bond crime,the crime of fraud,the crime of contractual fraud.Some legislation suggestions should be put forward in the fourth part to this crime,such as revise the description of charges and the facts about a crime,proposing add the qualification penalty type in punishment,proposing make a private lending law as soon as possible to reduce criminal law application.