集资诈骗罪若干问题研究-民商法学专业论文.docxVIP

AB AB STRACT Since 2004，the fund—raising fraud in financial sector is rising in successive years，the personnel and regions involved in is more and more widely,which is drastically threat to social harmony and stability of country．Fund—raising fraud has become the most prominent problems affecting social stability．As social hot spot，especially the”Wu ying case”，’’Ceng chengjie case’’and series of have significant social impact，the social from all walks of life have large disputes how to distinguish the boundaries of crime not crime．Especially,as kind of non-violent economic crime，whether should be applied to death penalty not become the focus of the controversy．As result，”Amendment to Criminal Law Nine’’was modified，deleted the original 1 99 of criminal law and abolished the death penalty of fund—raising fraud． However,it is still not any benefit to the specific definition of the fund·raising fraud．Improper criminal cognizance is of adverse impact the enthusiasm of private financing activities，deteriorating financing environment，is not conducive to healthy development of social economy．Therefore，it is necessary to further study the crime constitution of fund-raising fraud． This paper aims to explore from the following four aspects： First of all，analyze the legislation evolution and the present condition of fund’raising fraud， summarizes the behavior peculiarity,fraud means diversity,public and generalized characteristics of the object being cheated of fund．raising fraud by combining with the specific situation of it in Xinxiang·Based this．it be further analyzed that how harmful the fund-raising fraud to financial management order, public private property ownership and society security,which lay solid theoretical basis for further study． Secondly,to make detailed argument from the concrete”for the purpose of illegal possession”， illegal and collect money””determination of the amount of crime”and strive to achieve not“identifying eliminating crimes’’ Finally．further r