Risk Allocation Of Investor In Fund-raising Fraud

With the continuous development and deepening of the theory of risk distribution in criminal law,the "de-philosophization" of criminal law has played an increasingly important role in the issue of blame.As a result of the rapid development of economy and the continuous reform of the financial system In the field of criminal law,it is more interactive and complex than traditional crime.Based on the financial and interactive features of the crime of fund-raising fraud,this article demonstrates the necessity of risk allocation for the investor in this crime,and proposes specific judicial applicable standards.With the continuous development of P2 P online lending,the parties involved in the crime of fund-raising fraud are getting wider and wider,and the amount of cases involved is rising.The impact on social stability is self-evident.Only the investor is included in the scope of this crime,not blindly.Only by providing "one-size-fits-all" protection to investors,can we better establish the public's awareness of staying away from illegal fund-raising,which is conducive to reducing illegal fund-raising from the root cause.In addition to the introduction and conclusion,this article has five parts:The first chapter of this article focuses on defining the relevant concepts of risk allocation and the characteristics of the crime of fund-raising fraud.Firstly,it clarified the evolution of the principle of risk allocation from scratch in our country,and revealed that under the determination of the concept of risk society,the issue of criminal law's liability must be combined with the rapidly changing socialenvironment,rather than relying on a single philosophical reduction of results because.Secondly,this article reveals the interactive and complex features of the crime of fund-raising fraud,that is,as a product of economic development,the crime of fund-raising fraud on the financial management order and the damage of legal benefits of personal property often requires the actions of the perpetrators and their participation The investment behavior of people,especially investors,acts together.The second chapter of this paper discusses the theoretical basis for the risk allocation of the crime of fund-raising fraud,which is divided into practical necessity and theoretical support.First of all,this paper analyzes the fund-raising behavior itself as a risk and the duality of the identity of the investor in the crime of fund-raising fraud— both illegal and catalytic and victimized,points out that the investor must be included in the analysis of this crime.Secondly,it provides doctrine support for Gist of ViktimodogmatikThe third chapter of this paper will start with the current regulations and judicial practice to reveal the lack of risk distribution in the crime of fund-raising fraud.That is to say,no matter in the criminal law,relevant judicial interpretations,or court judgments,the research on this crime is limited to the behavior of the perpetrator;Secondly,the disadvantages of this identification method are discussedThe fourth chapter of this paper explores the factors that should be considered when allocating risk to fundraisers and defrauders through various aspects such as the definition of the self-protection ability of investors,the investor's understanding of fund-raising behavior,and the ability of investors to protect themselves.The fifth chapter of this paper returns the above analysis results of the investor to the identification of the crime of fund-raising fraud as a human act,a new way of conviction and sentencing for the crime of fund-raising fraud.That is to re-define the difference between this crime and the illegal absorption of public deposits,and advocate the victim's fault as a discretionary sentence,making the behavior and subjective attitude of the investor as one of the sentencing basis for this crime.