A Research On The Cognizance Of Financing Fraud Crime

The recent years have witnessed the breed of crimes like illegal fund-raising and financing fraud accompanying the development of the market economy,the prosperity of the financial market and the increasing financing difficulties of enterprises.The intensification of the financing fraud,in particular,not only damages the financial management order in China,but also results in mass incidents and social instabilities because of the property loss of the fund-raising people.Many cases attracted widespread attention from the media and society.Affected by factors like the current economic situation,the fund-raising fraud cases will continue to run high,and will even collectively outbreak.The outbreak of a series of impressive fund-raising fraud,for example,the Wu Ying case in Zhejiang Province,has caught widespread attention from all walks of life and set off more researches on the fund-raising crime.There had been a big controversy over whether to abolish death penalty for the crime before the Criminal Law Amendment(9)was implemented.This thesis starts with the aspects of constituents of the crime,and then analyzes the cognizance of the important and the difficult issues in order to be helpful for the accurate cognizance of this crime.The thesis is divided into the following four parts:The first part starts with the status quo of the financing fraud and its harms to the national financial management order,the ownership of the public and the private property and the social stability.The second part analyzes the constitutive characteristics and the way to judge the crime of the financing fraud by the constituents in the judicial practice as well as the violated objective entity of “fraud method”,“illegal fund-raising”,“unspecified public” and the amount of crime.In comparison,the analysis of the criminal subjective entity mainly includes the financial institutions,their branches or internal organs,the limited company with one person.The current research primarily focuses on the reasoning and the performance analysis to judge “the purpose of illegal possession”.The third part further analyzes the behaviors and borders related to the crime of financing fraud.To be specific,the border between the financing fraud and the legal activities like the legal financing and the non-governmental loan,and the criminal activities of the absorption of public deposits and the contract fraud.The fourth part delves into the cognizance of the fraud crime with the forms of the overlap of law articles,the imaginative joinder,implicated crime,and continuous crime.Particularly,the author pays more attention to special cases of implicated financing fraud crime.Moreover,the cognizance of the crime relies on the determined time of the purpose of illegal possession and each specific crime.The current research is of significance for the fair and equitable cognizance of the crime and the measurement of penalty.