The Research On Difficult Problems On The Crime Of Fund-raising Fraud

In recent years,there's been a sharp rise in the rate of the crime of illegal fund-raising with the rapid development of Chinese financial industry.The crime of fund-raising fraud is one of the most serious charge.The characteristic of the crime involves huge amount,great number of victims and great social influence.Some famous domestic financial platforms are involved in the crime of fund-raising fraud which leads to the damaging of Chinese financial industry image and social recognition significantly.Finance is related with fraud in the eyes of some people which seriously affects the development of our financial industry.Now the Party Central Committee and the State Council have attached great importance to the work of Chinese financial sector and set up the Financial Stability and Development Committee of the State Council to strengthen the force of supervision and avoid financial risks.Meanwhile the relevant departments have maintained a high pressure against illegal fund-raising crimes and promulgated a number of normative documents to deal with a wide range of crime patterns.However,we have also found that the use of fund-raising fraud has expanded.Some cases which are qualified for the illegal absorption of public deposits of the case in original may be upgraded to qualify as fund-raising fraud or two crimes.This kind of legal regulation can suppress the current situation of illegal fund-raising cases in the short term,but it will lead to the lack of stability,objectivity and logic of legislation in thefuture.Therefore,this article will focus on the difficult problems on the crime of fund-raising fraud.This article is divided into four chapters: The first chapter is an overview of the crime of fund-raising fraud which is divided into three sections including the concept of fund-raising fraud,the status of illegal fund-raising cases and the relationship with the crime of illegally absorbing public deposits.In this chapter,I mainly discuss the basic concepts of fund-raising fraud,providing a foundation for the flowing chapters.The second chapter shows some issues for the crime of fund-raising fraud which is divided into two sections.We discussed the problems about “Purposes of Illegal Possession” and “Fraud Method”.At last the author put forward his own point.The third chapter is about Joint Crime of the crime of fund-raising fraud which is divided into two sections.It mainly points out the arbitrary nature of the identification for the responsibility of the employees of the fund-raising platform and provides opinions for the identification for crimes of different positions and employees based on the “joint crime” theory in the criminal law.At last the author give his points about these problems.The fourth chapter is about form of quantity of crime on the crime of fund-raising fraud which is divided into two sections.We analyze the problems about the form of quantity of crime on the crime of fund-raising fraud and the transformation from the crime of illegally absorbing public deposits to the crime of fund-raising fraud.