Research On Several Issues Of The Crime Of Fund-raising Fraud

Stakeholder crimes such as the crime of fundraising fraud have always been the focus of the judicial authorities.In the era of "mass innovation and entrepreneurship",the financial industry uses "Internet +",big data and other innovative development to provide opportunities for the economy and society,but also brings many problems and challenges.There are more and more criminals active in the financial market moving toward illegal fund-raising crimes for their own private interests.The scope of such crimes is getting wider and wider,and the funds involved are getting bigger and bigger.Through the Internet,the use of the various conveniences brought about by the new economic model not only reduces the cost of criminal activities,but also helps to expand the scale of fund-raising,which in turn increases the severity of the social harm of fund-raising fraud.The crime of fundraising fraud is an important charge in the crime of financial fraud.Accurately identifying the elements of this crime and clarifying the relevant academic issues in this crime are of great significance for the accurate determination of this crime.In the process of handling specific cases,the legislative spirit of the crime of fundraising fraud should be clarified.First of all,in terms of distinguishing the legal interests of the primary and secondary protection of this crime,it should be clearly understood that the legal interests of the primary protection of this crime are the financial management order of the country,and at the same time,the ownership of public and private property should be protected.Secondly,accurately understand the specific content of the three aspects of the use of "fraud methods" for this crime.On this basis,it is clear that "fraud methods" belong to the method behavior in the crime,which is a necessary objective element of this crime;the existing regulations on the starting point of the "larger amount" of the incriminating standard of this crime are still applicable and reasonable.It can still be applied to the current environment without adjustments.Third,in terms of the subject of the crime,it should be accurately determined whether the crime constitutes a unit crime or a natural person commits a crime in the name of a unit.The key point is to clarify the distinction between a natural person crime and a unit crime in this crime,and focus on reviewing who is the representative of interest in a specific case and who It is the content of two aspects such as those who belong to the interests.Financial institutions such as commercial banks should also make it clear that they can establish the subject of this crime.Finally,on the issue of determining the subjective elements of the crime "for the purpose of illegal possession",the judicial practice of this crime should be guided by the general view of "removal of meaning + use of meaning".When it is determined that the illegal fund-raising behavior has the subjective element of the crime "for the purpose of illegal possession",the perpetrators often found in practice that they did not properly use the fund-raising funds,squandered the fund-raising funds,and carried the funds-raising funds to escape or hide.Adhere to the principle of consistent subjectivity and objectiveness,and avoid "consequentialism" and other misconfirmation behaviors.Regarding the “to the bottom” provision,it should be restricted by the corresponding principled provisions,so as to unify the judicial determination caliber of the subjective intention of this crime.