An Empirical Study On The Distinctions Between The Crime Of Fund-Raising Fraud And The Crime Of Illegal Absorption Of Public Deposits

In recent years,with the tightening of bank loans,many enterprises in order to business needs,to the direction of the folk financing,which makes the folk financing become more active,but the folk finance in our country is still in the exploratory stage,many policies are not perfect,the investment risk awareness coupled with the ordinary people of the weak,leading to many financial activities chaos generation,fund-raising crime rate showed a substantial rise across the country,according to the survey,fund-raising in Anhui Province in recent years the number of criminal cases occurred in the country in the first few,of which the highest incidence is the crime of fund-raising fraud and the crime of illegal absorption of public deposits.And there are many similarities between the two crimes in the objective aspect of the crime,which are sometimes not easily discernible in form.The legal punishment gap but two stipulates the crime of large fund-raising fraud punishment to the crime of illegal deposits from the public was higher than that of the legal punishment of the crime,so many alleged fund-raising fraud suspects,are in the process of trial argued that he should constitute the crime of illegal absorption of public deposits.However,due to the fact that the distinction between the two crimes is not perfect in the current law and judicial interpretation,it is difficult for the judiciary to grasp the boundary between this crime and that crime.This collection of 52 pieces of Anhui province from 2016 to 2017 in two concluded the crime determination of controversial cases as the case of convicted sample investigation found that in the judicial practice of the crime of conviction for the two dispute is the most subjective whether there is "the purpose of illegal possession".The author thinks that the conclusion of the judicial organ's presumption of "the purpose of illegal possession" is not unique,and it is difficult to exclude reasonable doubt.In the case of the crime of fund-raising fraud,the standard of"using the method of fraud" has also exceeded the scope of the law,and there is a problem of expanding the application.This thesis mainly consists of four parts.The first part,mainly on the sample case of the criminal conviction of statistical analysis were introduced to convictions in financial fraud and crime of illegal deposits from the public sample case,and the trial for the purpose of illegal possession "that are reviewed.The second part the author points out some problems existing in the sample of cases according to their own opinions,one is "the purpose of illegal possession"standard cannot exclude reasonable doubt,two is the "fraud" judicial determination of the existence of legal provisions applicable to expand the phenomenon;three is the illegal fund-raising victims should have the victim's fault,but the sample in the case of the three parties almost no mention of the victim's fault;the four is for the similar case,the court verdict is different in different regions,involving different views including illegal fund-raising for common crime in different behavior "the purpose of illegal possession" identification problem and the problem of criminal and civil cross;five is to defend the defendant one sample case opinions adopted difficult and inadequate judgment reasoning problem.The third part has put forward in the second part of the problem is analyzed,the main reasons are:firstly,"the purpose of illegal possession" one-way standard defects,one-way identification method is unfair to the defendant;secondly,the "fraud" and"judicial thinking of the purpose of illegal possession" ignore illegal commercial properties from the type of case has three different regions due to differences;thirdly,social economic background and the quality of judges is caused by different phenomena of different judgments of similar cases;fourthly,ingrained is the presumption of innocence,the current judicial appraisal system is not perfect cause adopted defense opinions difficult problem of judgment and reasoning is not sufficient.The fourth part proposed in view of the above problems to put forward some suggestions:firstly,strengthening "the purpose of illegal possession" proof standard,through proves beyond reasonable doubt;secondly,the legislation and trial of illegal fund-raising cases using commercial business thinking,considering its characteristic;thirdly,establish the fault mode on the crime of fund-raising fraud and the crime of illegal absorption of public deposits criminal punishment of sinners;fourthly,develop the completed record system about the views which is not adopted to protect the legal rights of the accused.