Research On The Judicial Determination Of The Crime Of Fund-raising Fraud

In this thesis,a conceptual analysis of the constitution and harm of crime of fund raising is carried out and by studying and comparing with similar crimes and private lending,pointing out that the core of judicial identification is the purpose of illegal possession,and the abstract is as fellows,Introduction: Introducing the history of fund-raising fraud.Combined with the author's understanding of the case,pointing out that economic crime will become the mainstream crime in the future,so it is necessary to continue to study the crime of fund-raising fraud.Chapter One: Introducing the crime constitution and social harmfulness of the crime of fund-raising fraud,pointing out that the object of fund-raising fraud is complex object.Raising funds for the use of fraudulent methods,facing the unspecified public,illegality and amount meeting certain standards are the objective aspects.The criminal subject is the common person.From the subjective aspect,it is intentional and owning the proper unlawfully.At the same time,the thesis points out six major social hazards of fund raising fraud.Chapter Two: Focusing on the determination of the purpose of illegal possession in the judicial determination of the crime of fund-raising fraud,pointing out the "illegal possession" in the criminal law sense is not equivalent to the ownership in the civil law sense.We should inspect from the real meaning.And combined with the case of Haozhou Xingbang Case and Quzhou Zhongbao Case,five factors should be considered: whether the fraud method is used,the actual situation of putted into production and operation,whether it has the ability of performing the contract and the behavior of performing the contract,the attitude afterwards and whether it has the intention of returning the property,and whether the justification of the fund-raiser is reasonable and objective..Chapter Three: By comparing the crime of fund-raising fraud with similar crimes,this paper points out that the essential difference between the crime of fund-raising fraud and the crime of illegally absorbing public deposits is whether it has the purpose of illegal possession..The imaginative concurrent offense of fund-raising fraud and pyramid selling by organizational leadership should be considered as the heavier crime of fund-raising fraud.When the crime of fund-raising fraud and the crime of contract fraud cross and coincide,the principle of "law is more important than law is less important" should be adopted to determine the chargesChapter Four: Comparative study on the crime of fund-raising fraud and private lending.It is pointed out that non-governmental lending should stress the property of capital price,that is,all loans based on market price(relative to the capital price of financial institutions)are non-governmental lending.From an objective point of view,it is biased to judge whether private lending involves the crime of fund-raising fraud only from the object of fund-raising,and the behavior of fund-raising fraud is often manifested in the form of private lending in the initial stage when it does not form criminal intention.Conclusion: It is pointed out that due to the particularity of fund-raising fraud cases,it is impossible to pursue and determine the subjective purpose unilaterally before filing a case for investigation.In determining whether there is a purpose of illegal possession,we should not confine ourselves to the normative documents promulgated by the Supreme Law,but start from multiple dimensions,take into account the arguments put forward in Chapter II of this article,construct early warning system,implement dynamic monitoring and timely fight.