| The crime of fund-raising fraud requires not only the identification of illegal fund-raising,but also the condition of the fraud.It is an important condition for the object of fraud to fall into the wrong cognizance,but it is often neglected in the identification of the crime of raising funds.The crime of fund-raising fraud is a special crime of fraud in the financial field,which is the same as the basic core of the crime of fraud.In the case of illegal fund-raising,some participants have no basic knowledge of the fraud content and thus fall into the wrong understanding of the delivery of property.At the same time,there are many objects who are not caught in the wrong understanding,but are actively involved in the investment,and even play a dominant role in the fund-raising case.So,in these cases,does the objects of the fund-raising fraud enjoy the status of the victim,and where is boundary of the law’s protection of the illegal fund-raising participants? Is uniformly denies the victim status,will all property damage attributed to its investors risk-taking behavior,or to be identified as the victim,and through judicial means actively rescue their rights and compensation for the loss?The article is divided into three chapters:The first chapter mainly discusses that the crime of fund-raising fraud shouldhave the same reasonable core as the crime of fraud.Fund raising fraud is a kind of fraud in a special field,namely,the fraud in the financial field,and also the act of obtaining property by means of fraud.The other party disposes of the property after being caught in the wrong understanding.Fund-raising fraud method of "fraud" refers to the project investment under the condition of false,by the high rate of return as the bait,use some fictional documents to attract investors to invest in methods.A mature market economy should be able to tolerate rough seas,not financial behaviour.The limitation of resources of the criminal law and the principle of last resort for its involvement in the financial field should be cautious,the criminal law applicable in the field of fund-raising fraud should be adequately tolerance,the more restrictive conditions should also be criterions for the conviction.Fund-raising fraud should be based on the crime of fraud twice,and did not relax the requirements of misunderstanding.At the same time,the scope of the frauds and the means of fraud should be limited,so as to avoid the scope of the criminal law.The participants in the crime of fundraising should not include friends and relatives,and the legal edge is hard to swing in the world of acquaintances,who are closely connected to each other.If the object of the fraud is limited to a certain extent,it is tantamount to admitting that the small-scale acquaintance world also exists in the financial system,which is too much extension of the crime of fund-raising fraud.However,the range of friends and relatives is not clear,especially the scope of "friends" is too broad and difficult to identify.The word "friend" may be tied to the benefit or the end of the interest.In addition,the internal personnel of the unit should be excluded from the external financing object.On the one hand,the internal personnel should know more about the relevant information and risks,and there is no information that does not match the asymmetry.On the other hand,the purpose of unit financing is more for the development of the unit’s own interests,but for the sake of personal interests,it should be included in the social public sphere of fund-raising.That is,in the unit crime,the fund of the unit internal personnel,can not be attributed to the fund-raising individual use,otherwise should be set up to raise fund fraud crime.The second chapter elaborates the problem of the application of fund-raising fraud and the reasons behind the reflection.In some cases,already basic clear on illegal fund-raising is still involved in speculative or the high lenders didn’t exist in misunderstanding,there is no fraud,and judicial practice as its fund-raising fraud(with),from the basic structure of crime of fraud.At the same time,the judicial interpretation of since 2014,although the occasional legal interpretation in raising funds illegally to mention the victim a word,but participants to "fund-raising fraud" basic has become the official title in legal documents.In this case,the object of the fund-raising fraud is excluded from the criminal jurisprudence.The judicial field,fund-raising fraud object "one size fits all" type of regulation,to improve the operational efficiency of the judicial practice,is not conducive to adjust its own position,the real victims civil recovery cannot be perfectly justifiable also cannot enjoy national criminal system for their own protection.In judicial practice,the identification of fund-raising fraud is often deviated from the crime of ordinary fraud,which is mainly due to the complexity of financial crime cases in practice.It is difficult to detect and identify not only the large number of people involved in the case,but also the characteristics of cross-provincial and cross-regional characteristics.In the face of the huge amount of results,the crime of fund-raising fraud is also very easy to be sentenced to heavy punishment,which is influenced by criminal policy and public opinion.The author believes that the existence of the victim status can not be denied in the judicial interpretation,but it should be discussed in different types.The third chapter,in the case of the conflict between practice and theory,tries to explore a way out.As for the status of illegal fund raising participants,it not only involves the protection of the interests of the victims,but also plays a crucial role in the conviction and sentencing of the perpetrators.In this paper,we will discuss the situation in terms of investors’ identity,investment platform and return rate,and distinguish between life and speculation.The investment in the area of life is cheated to admit the existence of the victim status,and in the field of speculation,because of the risk of the speculative person’s own risk or the implementation of illegal andhigh-interest lending behavior,it does not recognize its victimization.Gregory lenders,completely understand and impact on the financing behavior of financing risk control,direct resistance is the establishment of fund-raising fraud,should consider to determine the offender does not constitute a crime of fraud of the fund-raising,and by the civil law to solve the problem of debt disputes,or the judge can consider to other sentenced.Objects in the field of high-risk speculation,fraud has specific doubt,not into a wrong understanding,hinder the fund-raising fraud is established,if the offender commit the fund-raising fraud behavior,should be to raise attempted crime of fraud of the conviction,sentencing and appropriately reduced.But for the victim in the mistake which is difficult to resistance are substantial lawlessness,strictly on the violator pursuant to the terms fund-raising fraud standard criminal penalties,and admit the victim of fraud object position,to cheat object shall recover the loss of property. |
