The Jurisprudential Analysis Of The Victim's Fault In The Crime Of Fund-raising Fraud

According to the prevailing view of our country criminal jurists,the main criterions for the conviction of the conductors in the Crime of Fund-raising fraud determined by its constitutive requirements,as a discretionary sentencing plot the victim's fault in absence has been present in the practice of justice.However,as the crime of fund-raising fraud occurs in the field of financial transactions,victims often have certain market speculation,which also has certain promotion effect on the occurrence of damage results.Whether the victim's behavior can be evaluated by the criminal law,whether it affects the conviction and sentencing of the perpetrator,is a question that needs careful consideration In the crime of fund-raising fraud.The criminal evaluation of the victim's fault is not intended to give second condemnation to the victim who has suffered property loss,but to probe into the problem of the perpetrator's liability from the victim's perspective.In the ctiminal law of victim's fault constitutive requirements and the obligation of the victim careful study,combined with the victim in the crime of fraud of the fund-raising specific behavior patterns to comprehensive analysis of the presence of the victim's fault,the victim has the ability of risk identification of speculative mental disposition of property,not fulfill the duty corresponding carefully,objectively driven by the occurrence of criminal results with conductors,shall be deemed to be a victim's fault.Analyzing the applicable scope of the traditional theory of the victim's fault and the emerging doctrine like The Victim dogmatic,Victim self trapping risk,the fault can be concluded that the victim in fund-raising fraud has a certain theoretical basis.Although cannot fit into the traditional theory,but the new theory provides a feasible path-the Victim dogmatics for the victim in the crime of fraud of the subjective understanding of analysis,it has reference significance for fund-raising fraud victims fault.After discussing the criminal law significance of the victim's fault of fund-raising fraud from theoretical and practical perspectives,how to apply it to judicial practice is an important issue in this paper.With reference to the application of the existing victim's fault institutions in China,a graded sentencing model for the victims' faults is set up.According to the comparison between the perpetrator's fraud behavior and the victim's prudent ability,the victim's fault is divided into three fault levels:minor fault,general fault and major fault.The higher the degree of fault,the greater the reduction of punishment.The establishment of the victim's fault commutation system is conducived to the implementation of the criminal punishment of leniency and severity for the fraud perpetrator of fund-raising fraud,and the scientific guidance of the reasonable direction of folk fund-raising.