Judicial Determination Of Illegal Fund-raising Behavior Which Cheats Without The Use

As the social progress and economic development, though our country promulgate legal documents in many times,because of the hysteresis characteristics of law, the illegal fund-raising cases remain high in practice. How to distinguish the subjective objective of he crime of illegal deposits from the public with the crime of fund-raising frauds? The problem is always troublesome issues that bother judicial practice departments. Although our countries' judicial interpretation stipulates the standard of purpose of illegal possession. However, the interpretation still has many problems,such as using results define subjective psychological,excluding the unfinished state of crime,unable to distinguish between charges.This article intends to introduce related questions of illegal fund-raising behavior by using a typical case.This article focus on comparing the crime of illegal deposits from the public with the crime of fund-raising frauds and other problems mentioned above.Besides the introduction, the paper is divided into four parts, a total of twenty-three thousand thousand words:The first part : we make basic introduction of the case.In this case,Mr. Duan purchased A company, investment project by fabricating false, forged seals and other project party unlawfully to 139 public fund-raising 13.17 million yuan, all funds will absorb certain segments were transferred into private bank accounts, after the incident, the public security organs to arrest certain segment, a company's capital and the seizure of 15 million yuan documented.In the case of proceedings,the parties have different views on definition.In the following,We introduce related legal principle analysis.The second part: the related legal principle analysis.This part is very important in this article.In the first, the first part will distinguish the crime of illegal deposits from the public with the crime of fund-raising frauds,in order to get the conclusion that the key point is purpose of illegal possession.In the second,we distinguish the definition of possession between civil law and criminal law.It is thought that the possession in criminal law is roughly equivalent with the ownership in civil law.Through the analysis of existing judicial interpretation of illegal possession of that standard purposes deficiencies that the objective should be to raise funds, raising the way, use and perpetrator funds to treat raised funds attitude and other aspects of the comprehensive identified the perpetrator's subjective purpose was perfect method.In the third,We make fund-raising fraud unfinished morphology analysis.Finally, the amount of financial fraud were analyzed.The third part: the analysis and conclusion of this article.The middle part is the analysis of the case and finds that an act.According to the second part of the argument point of view, combined with relevant laws and regulations,The perpetrator constitute financial fraud. The fourth part: research implications of this article.Through cases and legal analysis,there are still many problems on the purpose of illegal possession of estimating standard.We should abandon the results of judging criteria established behavioral judging standard, combining direct and indirect reasoning mode. Special legislation should be introduced to the judicial interpretation of the provisions of the standard presumption of illegal possession purpose, but also should put the appropriate procedural law to ensure the implementation of judicial interpretation. Finally, crime prevention is the top priority, our country should improve the financial system to reduce the incidence of crime.