A Study On The Criminal Law Cognizance Of Fundraising Fraud

Fundraising is an important way of social charity.With the development of Internet technology,internet fundraising has gradually flourished.Social fundraising embodies the value orientation of mutual assistance and harmony.However,in the process of fundraising,there are a series of fundraising fraud,which disturbs the normal order of fundraising,and even more plays a social integrity crisis and moral crisis.How to use legal means to regulate fundraising fraud has become an important topic in the field of law.In the field of criminal law,there are also some researches on the nature of fundraising fraud.The fundraising fraud is mainly suspected of the crime of fraud in the criminal law.In the judicial practice,the crime of fraud is also chosen as the nature of the criminal law in the case of fundraising fraud.However,in the process of determining the crime of fraud of fundraising,there are some questions we need to specifically analyze,such as whether it can constitute nonfeasance fraud,whether the loss of property exists.How to define the boundary between crime and non crime is the focus of this paper.The paper is divided into four parts.The first part is mainly about the general situation of fundraising fraud.On the one hand,combined with the cases of fundraising fraud in practice,this paper summarizes the content and basic characteristics of fundraising fraud.On the other hand,combined with the current legal framework,this paper combs the existing legal regulations of fund-raising fraud,and summarizes the current legal provisions from the social law,civil law,criminal law.On the basis of clear legal provisions,this paper analyzes the judicial practice offundraising fraud,and summarizes the focus of controversy in the criminal law of fund-raising fraud through the judicial practice of fundraising fraud.The second part focuses on the fraud in the case of fundraising fraud,and mainly solves two problems.The first one is the identification of the nonfeasance fundrasing fraud.Combined with the basic principles of the identification of nonfeasance fraud in academic circles,this paper analyzes the criteria of nonfeasance fundrasing fraud.The second one is the identification of fraud degree.We should analyze the identification of fraud degree in fund-raising fraud from the perspective of objectivism and the judgment of ordinary people in society.Fabricating or concealing the fundraising information that has a key impact on the donation behavior can achieve the fraud degree required by the crime of fraud.The third part focuses on the identification of property loss.Through the introduction of the basic theory of property and property loss,it demonstrates the theoretical position of the identification of property and property loss.On the basis of adhering to the legal theory of economic property,the objective purpose theory should be introduced to define the scope of property reasonably.On the issue of property loss,we should take the substantial theory of individual property reduction as the basic basis,and involve the theory of failure of purpose,which can enrich the theory of property loss identification.In the case of fund-raising fraud,the donor has committed the act of donation,but the pursuit of social purpose fails.It should be recognized that there exists property loss.The fourth part discusses the purpose of illegal possession and the victim's self accountability,in order to respond to the controversy in the theoretical and practical circles.In the determination of the purpose of illegal possession,by examining the factors such as whether the actor changes the purpose of donation in the case of fundraising fraud,we can determine the intention of exclusion and utilization of the actor.Then we can determine the purpose of illegal possession.In terms of the time of the purpose of illegal possession,it should be at the latest when the donor disposes of the donated property.On the issue of victim's self accountability,in the case of fundraising fraud,the actor's fraud causes donors' wrong understanding of the realization of the social purpose of donation property,which belongs to the wrongunderstanding of the legal interest relationship.So the victim's commitment cannot be constituted and the victim's self accountability should not be applied.