Study On The Case Of Mr.Zhou Crime Of Fraudulent Fund Raising

In recent years,China's socialist market economy has been developing faster and faster.At the same time,the state has advocated to "hide th e wealth of the people" and the folk capital is gradually rich.However,because of the limited investment channels,the cases of illegal capital collection have been frequent,causing serious damage to the national financial order and the property of the company.However,because the cases of illegal fund-raising involve many crimes,the boundary between crime and non crime is blurred,and the judicial practice is seriously confused.In order to solve the problem of judicial recognition in practice,this p aper tries to discuss the related crimes of illegal capital collection crime through Mr.Zhou crime of collecting capital and fraud.This paper focuses on the analysis of whether the illegal fund-raising acts constitute a crime,and makes a distinction bet ween the crime of collecting capital fraud and the illegal absorption of the public deposit,and puts forward the specific criteria for determining the use of "illegal possession".There are three main controversies in this paper.First of all,the boundar ies of crime and non crime of illegal fund-raising behavior.Through the analysis of the cognizance of the crime of non-governmental financial behavior and non crime,from the three aspects of the purpose of the fund-raising,the scope of financing and the object of financing,the illegal fund-raising behavior of Mr.Zhou is considered to have a great social harmfulness,which touches the provisions of the criminal law and constitutes a crime.Secondly,it demonstrates the difference between natural crime a nd unit crime.On the basis of the analysis,Mr.Zhou holds the trust of the invested object by setting up a company to help it to complete the fund collection.In other words,the company is only a means of illegal capital collection.In this case,the cr ime should be attributed to the crime of natural persons and should not be included in the unit crime category to set up a company as a company.The means of fund-raising is essentially a natural crime.It should be punished by natural crimes.Finally,it analyzes the difference between the crime of illegal absorption of public deposit and the crime of collecting capital for fraud.It mainly distinguishes from the four aspects,such as the purpose and use of borrowing funds,the economic ability and operati on status of the actor or unit,the consequences of the behavior,the ability to return after the perpetrator's crime and so on.In the case of this case,Mr.Zhou raises the fictitious de Jin company.The fact that the ownership of honeysuckle bases is a bait with high interest can be regarded as the purpose of illegal possession.Its behavior constitutes a crime of fund-raising fraud.