Study On The Difficult Issues Of Financing Fraud Crime

The crime of financing fraud is a relatively frequent crime,which not only infringes upon the property interests of the society,but also disrupts the market economic order and triggers various social risks.This paper took the judicial status quo of financing fraud crime as the premise,summarized the causes and development of the said crime,and conduct an in-depth analysis from the subjective and objective requirements of crimes,and simultaneously carried out all aspects of the crime of illegally absorbing public deposits.Further deepened the understanding of the characteristics of this crime,and selected several important issues from judicial practices.Finally,based on the previous analysis and argumentation,the paper proposed the improvement of the crime of financing fraud in legislation.This paper is divided into four chapters,the specific contents are as follows:The first chapter introduced the judicial status quo of financing fraud,which is carried out in three aspects: First,it analyzed the internal and external causes of financing fraud and its serious harm to the state,society and citizens.Second,it introduced the development of financing fraud.In recent years,the trend of this crime has developed.The amount of the said criminal activities has become larger,the scope of vict ims has become wider,the means of crime have been continuously refurbished,and more investment and wealth management methods have emerged and integrated with the Internet,and concealment has been significantly enhanced.The third part introduced the jud icial practice of punishing the criminal activities,pointing out that C hina mainly relies on criminal investigation means to crack down the said crime,but there will be many difficult problems such as the interweaving of criminal law and the difficulties in grasping the scope of criminal law intervention.The second chapter focused on the criminal characteristics of this crime from the perspective of the crime of financing fraud and the crime of illegally absorbing public deposits.After discussing the commonalities of the two crimes,the author analyzed the two crimes from objective and subjective elements.In the objective requirements,the paper analyzed the identification of illegal fund-raising and the use of fraud methods;in the subjective elements,it introduced the criminal subject of this crime and the identification of the purpose of illegal possession.Subsequently,combined with judicial interpretation and specific cases,the issue of judicial recognition of the crime of illegally absorbing public deposits to the crime of fund-raising fraud was expounded.The third chapter emphasized on some difficult problems in the judicial determination of the crime of financing fraud,such as the standard of conviction of this crime,the boundary with legal private financing behavior,the criminal responsibility of each participant in joint crime,and the number of crimes.This article only selected some common problems in judicial practice to discuss,but not comprehensive.The fourth chapter put forward suggestions on the legislative improvement of the crime of financing fraud.It believed that this crime can be appropriately modified in three aspects in the future: First,it is necessary to clarify the constitutional elements of crimes,such as what is ‘illegal',‘the public' and ‘illegal possession'.The purpose of ‘how to judge' should be clear.The second is to improve the standard of conviction of this crime fro m two aspects: increasing the standard of conviction and raising the standard of conviction.The third is to further improve the allocation of penalties,such as refine the penal ladder,change the allocation of fines and punishments,and add qualification penalties.This article made some immature insights and suggestions.Although there are some inconsistencies,it is hoped that there will be some improvements from its judicial practice and legislative perspective.