Under The Guise Of Financing Behavior Of Qualitative Research In The Name Of Another Person

Illegal fund-raising has always been a high frequency in the judicial practice case,although the highest method,inspection and the ministry of public security continuously publish relevant judicial explanation,but criminals take methods emerge in endlessly,so in practice in the face of the specific type of financing has disputes over the case,especially in the normal civil lending behavior,crime of illegal absorb public deposits,and the blur between crime of fraud of the funds.This article revolves the behaviour is to raise money for the person to constitute a crime,and offend what crime "the controversy focus,specific deals normal civil lending and disputed charges related to legal boundaries,finally puts forward the offender parts belongs to the normal civil financing behavior and financing act constitutes a crime of illegal absorb public deposits and fund-raising fraud,want to practice some enlightenment to handle similar financing case.Writing of this paper includes four parts:The first part,case basic facts.This part fully explain the basic process of the defendant Shao Mou expensive to raise money,and qualitative analysis of different opinions about the case,and listed induces the verdict of the case the focus of the need to solve the problem.In the case of public prosecution in the process of judicial authority that the defendant constitutes a crime of fraud of the fund-raising,defenders think the defendant behavior belongs to the normal civil action,and finally the court ruling the defendant raise part act constitutes a crime of illegal absorb public deposits and raise part act constitutes a crime of fraud of the fund-raising.The case of the dispute focus on: behavior is normal civil action to raise funds for the person or constitute the crime of illegal absorb public deposits or the crime of fraud of the funds.The second part,the relevant legal analysis of the problem.Involves three aspects: the content of this part,firstly,analyzes the meaning and characteristic of normal lending.Second,the main constitutive requirements of crime of illegal absorb public deposits related,this paper mainly on illegal absorbing public deposits the four attributes of objective behavior analysis;Third,around the meaning of "the purpose of illegal possession" in fund-raising fraud and how to clarify judgment;Fourth,in view of the folk lending and the boundaries of illegal fund-raising crime.The third part,the analysis and conclusion to the case.During the actor in a coal mine in the name of the coal mine to raise funds from the specific investor for daily production and business operation behavior belongs to the normal folk lending practices.However the offender to expand financingThe scope of the object to is not specific to social public financing behavior is beyond the scope of normal civil action,and funds for capital to raise money to infringe on financial credit order constitute the crime of illegal absorb public deposits.Actor,after as the spreading of SiKe seal under the guise of coal mines in the name of financing behavior show behavior person has the subjective purpose of illegal possession of funds,the act constitutes a crime of fraud of the fund-raising.The fourth part,the research of the case.One to collect money for similar cases across time,process the characteristics of the complex,suggested that the judicial organs strictly according to the specific provisions of criminal law crime the financing behavior of constitutive requirements determine the offender in stages,to distinguish between legitimate civil and criminal behaviour.Secondly,funds for production and operation of related judicial interpretation and the civil law explanation in conflict each other,suggest modify the conflict of judicial interpretation,or to raise part behavior into the scope of civil law,securities law regulation.Third,make amount of standard is not reasonable,proposed raising standards,amount and the cognizance of "friends" way to make Suggestions.