Research On The Classification Of Victims Of Fund-raising Fraud

The crime of fund-raising fraud is a crime with strong interaction between the perpetrator and the victim,involving a large number and complex diversity.However,in judicial practice and criminal law theory,the attention to the victim factor is still slightly insufficient.In the judicial practice of the crime of fund-raising fraud,the judge often refuses to accept the reasons for the victim 's fault put forward by the defender on the grounds of non-criminal law provisions.In the criminal law theory for the crime of fund-raising fraud research focuses mostly on the perpetrator ' s criminal behavior and the protection of the rights of victims.Therefore,no matter in judicial practice or academic theory,the victim can not be regarded as the subject of reciprocity with the actor,and the judgment of the nature and characteristics of the victim in the crime of fund-raising fraud is suspected.In view of the large number of victims of the crime of fund-raising fraud and the complex structure,this article from the victim ' s point of view.Paying attention to the victim is not only to protect their rights,but also should comprehensively examine the status and role of the victim in the trial of the case,pay attention to the impact of the victim,especially pay attention to the role of the victim should be reflected in the illegal evaluation and sentencing plot,making the analysis of the crime of fund-raising fraud from the way and angle of ' actor-led ' to ' actor and victim co-led ' change.As an independent part of criminal law dogmatics,victim dogmatics is widely and intensively used in the study of fraud,including the specific discussion in the constitutive elements of fraud crime.The crime of fund-raising fraud is independent of the crime of fraud and has the basic nature of fraud in essence.Therefore,this paper analyzes the victim 's cognitive errors in the crime of fund-raising fraud by means of victim dogmatics theory.The victim 's cognitive error is the conscious response formed by the victim after the perpetrator has committed illegal acts,which represents the victim 's subjective attitude towards the development of events.Therefore,in the face of the reality of the crime of fund-raising fraud in the large number of victims and the complex composition of personnel,in order to be able to accurately summarize and evaluate the victims,this paper takes the degree of subjective fall into the wrong understanding of the victims and the objective behavior as the classification standard and basis,so that the victims can be roughly divided into three different types : selftrapping illegal risk victims,self-financing risk victims,self-investment double risk victims.By analyzing the degree of fault of different types of victims,the impact of victim factors on the perpetrator ' s illegal evaluation and sentencing is clarified.Fully implement the principle of modesty and fairness and justice of criminal law,protect human rights,at the same time,put forward relevant suggestions on the illegal evaluation and sentencing of the perpetrator,to ensure the stability of the financial order,promote the harmony and stability of social relations.