Research On The Victim's Fault In The Crime Of Fundraising Fraud

Many of the victim's fault theories in the "criminal-victim-state" ternary criminal law theory research paradigm are both the theory of limitation of the elements of crime and the theory of criminal liability reduction.In the crime of fund-raising fraud,rediscovering the victim and its fault and factual responsibility will exclude victims who are not worthy of protection and need protection from the scope of protection of criminal norms,and have great significance and practical value.It provides a two-way criminal thinking method,which links the criminal penalties of criminals with criminal penalties,the criminal protection of victims and the need for protection,so that the participants of the fund-raising have faults in fund-raising fraud cases.With the division of degree and type,the boundary of protection is more clear and intuitive,and the factual responsibility for the property damage caused by the actor is also shared.It provides theoretical support and solutions for the dilemma of the current financial fraud cases,severe punishment of illegal fund-raising actors and protection of many fund-raising participants.The first chapter is an overview of the crime of fund-raising fraud.Starting with typical cases,discuss the standards and types of the establishment of the victim's fault in the crime of fund-raising fraud,and demonstrate the necessity of investigating the crime of fund-raising fraud from the theoretical,judicial and criminal policies.According to the different ways of victim participation,different types of victim's faults are divided into professional usury faults,ordinary usury faults,self-trapped risk speculative faults,investment faults that violate prudent obligations,and normal lending and financial faults.The second chapter mainly discusses the systematic positioning of the victim's fault and the theoretical basis for the conviction and sentencing of the fund-raising actor.The victim's fault can not only affect the defendant's criminal responsibility in the criminal theory system,but also affect the defendant's determination of the criminal nature in the criminal theory system.The author chooses objective imputation theory to analyze the impact of the victim's illegal participation on the perpetrator's lawlessness and accountability.The third chapter discusses the feasibility analysis of victim's fault applicable to the crime of fund-raising fraud.Victims 'faulty participation can not only prevent theidentification of illegal fund-raiser crimes,but also limit the interpretation of the elements of the crime of fund-raising fraud,and can also affect the substantive illegality and accountability of fund-raiser behavior.The author proposes to selectively include the fault of the victim in the general provisions of the criminal law and improve the corresponding judicial interpretation.The author requires that the scope of punishment for fund-raising fraud actors be narrowed from the perspective of the victim's fault,clarify the lenient penalty for the perpetrator,and limit the scope of protection for investors.