A Crime Research On Fund-raising Fraud In South

With the continuous development of market economy in our country,the private capital is also increasing,due to the lack of a reasonable way of investment,resulting in illegal fund-raising cases occurred frequently in recent years.In view of the serious harm caused by the national financial management order and the property of the public and private,this article will focus on the case of Ms.Nan fund-raising fraud case,analysis of the objective and subjective purpose of fund raising fraud and the difference between the crime of illegally absorbing public deposits.This paper puts forward the specific standards for the identification of "fraud" and "illegal possession purpose ".When the actor does not use the fictional facts,forged documents,only to high interest as bait should not be directly identified that the use of fraud,the premise of fraud is to make the victim into the wrong understanding and based on the wrong understanding of property disposal,in this case,Ms.Nan promised high interest behavior whether or not to make the investors into the wrong understanding remains to be further demonstrated,in cases of doubt should not be subjective blame.In determining whether the actor has the purpose of illegal possession,we should not only be due to the fact that she is unable to repay the subjective presumption that she has the purpose of illegal possession,there are many reasons why the raised funds can’t be repaid,maybe it’s because the actor doesn’t want to pay back,maybe due to objective reasons such as force majeure,national policy changes,investment failure caused by.In the presumption of the subjective intention of the perpetrator should be consistent with its objective behavior,should not be easy to determine the subjective possession of malicious.Fund raising fraud is aggravated crime of the crime of illegally absorbing deposits from the public,when faced with the choice of misdemeanor and felony,it should be helpful to the defendant when he is in doubt,we should adhere to the views of the victims in favor of doubt.Although the prosecution,the court of first instance and the second instance court affirm that Ms.Nan’s behavior constituted the crime of fund-raising fraud,but through the analysis of the case,this article believes that Ms.Nan eventually cannot repay the large number of illegal fund-raising,this behavior identified as the crime of illegal deposits from the public seems more appropriate.