Research On The Application Of The Victim's Fault In The Crime Of Illegal Fundraising

In China,the research on the victim's fault in the crime of illegal fund-raising is not common,and the current research is mostly focused on the theoretical aspect.Therefore,the author studies the relevant cases and uses the victim fault theory,this paper is divided into four parts to analyze the victim fault in illegal fund-raising crimes,hoping to be helpful to the judicial practice.The first part is the introduction.In this part,the author elaborated the victim's fault in illegal fund-raising crime research purpose,research significance and domestic and foreign research status.And with the typical case as the entry point of this paper to brief the victim fault in illegal fund-raising crimes in the importance of the application.The second part is the basic theory of the victim's fault in the crime of illegal fund-raising.In this part,the author first introduces the concept and characteristics of illegal fund-raising crime;Secondly,the author introduces the analysis of the victim location of the participants in the crime of illegal fund-raising.From the second,the author introduced the contents and theoretical basis of the victim's fault in the crime of illegal fund-raising;Finally,the author analyzes the fault of the victim in the crime of illegal fund-raising from the qualitative aspect,mainly to the crime of illegal absorption of public deposits and fund-raising fraud.The third part for illegal fund-raising crime victim fault in the practice of the problems and reasons analysis.In this part,the author through keyword "illegal fund-raising crime" and "the victim fault" search 200 cases,after the deep research in the cases and data statistics found that the victim fault often was ignored by the judge in the judicial practice,the judge has not been adopted this defense opinions may be cause,there is a lot of trouble,and analyzing the reason of these difficulties.The fourth part for the crime of illegal fund-raising victim fault applicable to perfect specific suggestions.The author believes that the victim should be the fault of the plot of the law,referring to the extent of the victim's different fault to divide the corresponding range of sentencing,and then make the sentencing standardization.