Research On The Legal Application Of The Case Of Fund-raising Fraud

In recent years,the frequency of crimes of fund-raising fraud has risen in China.This crime has caused serious social impact.Therefore,it has aroused widespread concern from all walks of life.This crime has many difficulties in judicial practice,and there are also many theoretic disputes.Accurately grasping the application of law in fund-raising fraud is of great significance for punishing crimes and safeguarding human rights,and also plays a positive role in maintaining social stability,sustainable and healthy development of market economy.This paper analyzes 73 fraudulent fund-raising fraud cases in Sichuan province,which from January 2016 to December 2017 retrieved of "Non-litigation Cases Network",combines with relevant law theories to reveal the reality of fund-raising fraud,basic characteristics and legal application difficulties,and puts forward specific proposals for the application of law on fraud cases finally.In addition to the introduction and conclusion,this article is divided into four parts.The first part is the basic situation of fund-raising fraud cases.This section collects and analyzes the effective judgment documents of 73 fund-raising fraud cases in Sichuan Province from 2016 to 2017 and summarizes the basic situation of fund-raising fraud cases in judicial practice,mainly from the trial level,trial procedure,the criminal's basic situation and other aspects of the statistical analysis.From the vertical point of view,the fund-raising fraud cases in Sichuan Province show an increasing trend year by year.Horizontally,although the number of fund-raising fraud cases in Sichuan Province is less than that in the developed coastal areas,the total number of cases is equal to the average level of the whole country.This part provides reference data for law application researches.The second part is the basic characteristics of the fund-raising fraud case.Mainly through the review of the basic facts of fund-raising fraud cases in Sichuan Province from 2016 to 2017.From the complex and changeable criminal means of the crime of fund-raising fraud,we can conclude three types of illegal fund-raising behavior.This part summarizes the basic characteristics of the fund-raising cases in the judicial practice in the form of the combination of the whole article with the case analysis and charts and words:first,there are many ways of raising funds and the methods of fraud are diversified;second,there are many victims and the social impact is relatively bad;third,the amount of money involved in the case is large.This part analyzes the difficult problems in the application of law of fund-raising fraud cases.The third part is the difficult problem in the law application of the case of fund-raising.It is mainly to conduct in-depth study of the statistical charts in the first two parts,and in conjunction with the current status of application of relevant laws and regulations,it reveals many difficulties in the current application for fraud in law application.Specifically,it includes:first,the procedure and substantive problems in the criminal and civil cross program.Second,the problems in the application of laws in case convictions,such as the identification of "illegal possession purposes”and the problem of the number and scope of "social public's".Third,the problems existing in the application of the law in case sentencing,such as the unclear identification standards for the amount of crimes,result in easily confusable sentencing standards.The victim's faults are difficult to adopt as a basis for discretionary punishment,and the deprivation of political rights for life is an additional punishment appllicable to this category.There are doubts about the legitimacy and necessity of the crime.In the fourth part,the specific proposals for the application of laws on fund-raising cases.This part is a response to the difficult problems of the previous judicial application.For example,through the analysis of cross-country criminal and civil problems,it proposes to reconstruct the procedural choice mechanism for the criminal-civifian crossover between fund-raising and fraud cases and proposes a method for diversifying fund-raising fraud crimes and private lending behaviors.It is suggested to determine the "illegal possession purpose" of the crime of fraud in connection with the characteristics of commercial activities;to propose a method of identifying "social public" in terms of both scope and number of persons;it is recommended to distinguish between the amount of conviction and the amount of sentencing.and to unify the standard of sentencing;victim's fault in the sentencing.It is suggested that the fault of the victim should be considered in the discretion of the sentencing.Finally,it is suggested that the additional punishment of the deprivation of political rights for life is not applicable in the case.