Research On The Judicial Determination Of Fund Fraud

In the judicial practice of fund raising fraud,it is very important to study the judicial cognizance.I will analyze the four problems in the judicial recognition of fund-raising fraud: the identification of illegal fund-raising behavior,the identification of illegal possession purpose,the recognition of fund-raising fraud and the identification of unit fund-raising fraud.In the recognition of illegal fund-raising behavior,it is divided into three parts: the illegality of fund-raising,the uncertainty of fund-raising object,and the reward of fund-raising.Among them,the illegal investment behavior and the illegal absorption of public deposits is the main difference between the behavior of the two acts of illegal fund-raising behavior is focused on the collection of funds,and illegal absorption of public deposits is focused on the use of public deposits and proceeds.The judicial determination of illegal fund-raising behavior is characterized by fictional facts and concealment of the truth.The illegitimate possession of the purpose of the judiciary has always been a different doctrine.I believe that the determination of the purpose of illegal possession should be used to say all illegal.The purpose of the perpetrators of fund-raising fraud is to obtain the property of others by means of illegal fund-raising,which is the illegal possession of the property.How to analyze the identification of judicial is in three aspect: the way of raising funds,the use of funds and the follow-up treatment of fundraising.Fundraiser raise money by fraud with high returns on its fund-raising object to induce.After the fund raising,regardless of whether the investment of its fund-raising,it should not be the factors that affect the establishment of this crime.No matter how they deal with the funding,as long as it is not returned,their subjective meaning should be identified as illegal possession of the purpose.The third,I believe that the amount of crime is the amount of illegal fund raising with illegal possession as sentencing circumstances.The amount of illegal fund-raising shows the behavior of the behavior of the community,but also reflects the degree of criminal law and behavior of the same.And illegal possession of the amount is reflected in the extent of the victim's abuse,through the distinction between sentencing to encourage the return of fund-raising.It is necessary to distinguish between the will and the distribution of interests of the person who believes that the financing of natural persons or the fund raising of funds is carried out.In the judicial practice,in particular,the interests of one-man company's unit and individual interests.One company is not only a natural person's company,it can be a number of main components of the company.If the interests can be distinguished can be identified as a unit of crime,if not distinguish should be identified as a unit of natural persons within the common crime.