The Identification Of The Identity Of The Victim In The Crime Of Illegal Fund-raising

At present,China's Criminal Procedure Law has clearly listed the victim as one of the litigants in the form of legislation.However,in public prosecution cases,the victim 's litigation status is relatively weakened compared to the public prosecutor and the defendant.This lacks a clear definition of litigation status and is not conducive to the protection of victims' litigation rights.Among many problems,the problem of the identification of victims in illegal fund-raising crimes is particularly obvious.Because the investors in the illegal fund-raising both have the dual identities of bearing actual damages and catalyzing the completion of crimes,their litigation status is questioned.Whether they should participate in the litigation as victims or bear corresponding criminal responsibility as accomplices has been unable to be unified in theory and practice.This problem caused the investor's participation in the litigation process and the exercise of litigation rights to be disturbed.This article first defines the concept of victim in the sense of procedural law,and secondly sorts out the methods of identifying victims in procedural law.When determining the identity of the victim in an illegal fund-raising crime,no matter what procedural standard is adopted,there is no way to bypass a problem:Whether the result of the damage to the investor 's property interests is considered to be the work of the fundraiser?Or this damage is the product of the victim's risk of being trapped?This article draws on the perspective of victim doctrine to discuss the subject of victim's self-responsibility,trying to provide a new theoretical analysis for the identification of victims in illegal fund-raising crimes.