A Study On Judicial Determination In Crimes Of Illegal Fund-raising

With the development of science and technology in recent years,illegal fund-raising cases,show a variety of forms of crime.Over the years,in dealing with the first-line work of combating economic crimes,the author compares the errors in the facts of the first-instance judgment,the improper application of law and the correctness of the reasons for the change of judgment in the final judgment in the case of "Deng Mou's fund-raising",and combines the basic principles of criminal law,social law school and economic law school,etc.Jurisprudence theory leads to the judicial identification of illegal fund-raising in comparison with legal private placement.The various charges of illegal fund-raising which are improperly and correctly applied in the crime of illegal fund-raising mainly lead to a kind of "immunity rule" to avoid judicial identification errors as far as possible.In order to get the theoretical guidance for practical cases,the article also gives the author's own opinions in combination with the identification of victims in practice.It is worth mentioning that after the logical analysis of the disputes over charges and the judicial determination of the victims,the important thing is to analyze the value of the criminal suspect's "purpose of illegal possession".The author believes that the framework of the analysis of the purpose of illegal possession,whether in judicial practice or in academic circles,tends to be more and more criminal.From the perspective of imputation investigation,but the inspection practice still retains the traditional logic of the four elements,which has certain rationality,but needs theoretical innovation to guide the development of judicial identification,so as to establish flexible standards of judicial identification,eliminate errors in judicial identification,and then enhance the judicial practitioners.We should reduce the level of business and reduce the occurrence of miscarriage of justice,and correctly play the role of legal guidance and protection.