Research On The Determination Of The Crime Of Fund-raising Fraud

In recent years,the number of criminal cases of fund-raising fraud has been rising.According to the data in the "Special Report on Financial Fraud Judicial Big Data" released by the Supreme Court of China's Judicial Big Data Institute in 2019,the crime of fund-raising fraud has shown an upward trend in the past two years Most of the cases are serious cases,causing serious damage to the financial management order,and at the same time causing damage to the ownership of public and private property.The group incidents caused by the outbreak of the case have a negative impact on social and economic development.The crime of fund-raising fraud presents a wide range of cases,a large number of groups,a large amount of money involved,and difficulty in identification.Moreover,with the continuous development of the Internet,the means of crime have also been continuously upgraded,showing diverse forms of crime.The impact of such cases is very large,so the research on the determination of the crime of fund-raising fraud not only has theoretical value in research,but also has specific significance for the specific determination of the crime in practice.The crime of fund-raising fraud has a great harm to the management of China's financial sector.The means of the crime of fund-raising fraud have continuously improved with the development of society,which has brought great difficulties to judicial determination.Especially after the outbreak of some more controversial cases such as the "Wu Ying case".The determination of the crime of fundraising fraud was once in hot debate.The development of private financing activities is also of great significance to economic progress,but it also brought about the outbreak of the crime of fund-raising fraud,because the crime of fund-raising fraud is in the "illegal possession purpose","fraud method","social public","fund-raising amount",etc.There are some big or small disputes,and there may be some problems in the crackdown on private fund-raising activities,which will be detrimental to the financing activities of private enterprises.This article analyzes the relevant constituent elements,first of all,we must carefully identify the "illegal possession purpose",put forward the principle of subjective and objective consistency in the determination of the illegal possession purpose,and use the relevant standards of "excluded meaning" and "utilization of meaning" to identify and recommend Establish standards for reverse inference.The identification of "fraud methods" must first measure the basic facts,secondly,whether they fall into a wrong understanding,and finally gradually explore the principle of relief first.Regarding the identification of the "social public",suggestions are given for the main problems,one is to analyze from a subjective attitude,the other is to analyze from the target of recruitment,the third is to analyze from the way of fund raising,and how to identify in three types of situations "Raise funds from the public".At the same time,it analyzes the controversy existing in the "fraud amount" standard,and proposes standards for how to determine the "fraud amount".First,it is recommended to determine the principle and method of determination based on the evidence on the record,and second,it is determined according to the purpose of illegal possession in specific cases Time to calculate.