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The Discussing about Determination of Difficulties of Raise Funds Trading Form the Case of Wu Ying

Author: LiuBin
Tutor: YanErPeng
School: Hainan University
Course: Criminal Law
Keywords: raise funds trading illegal fund-raising means of fraud thepurpose of illegal possession folk financing
CLC: D920.5
Type: Master's thesis
Year: 2013
Downloads: 2
Quote: 0
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Abstract


As one of the crimes of financial fraud crime of fraud in financing seriously disrupting the order of financial management. The relevant national authorities on the crime of fraud in financing attitude control. In judicial practice, the provisions of the strict punishment. But fund-raising fraud did not decrease, and increasingly driven by huge benefits. This paper wills analysis the difficult problems on the basis of the Wu Ying case.From the objective aspect of fraud cases, there are many fraud cases are personal fund-raising activities in the name of the unit. Thus in the definition of the class of activities is a personal crime or crime unit has no uniform understanding. In addition, to define what is "illegal" and whether the actor in the process of using "fraud" problem in the criminal law theory circle and practice circle have different opinions.From the subjective aspect of fraud criminal,"The purpose of illegal possession "has always been a difficult problem in judicial identification. And in the fund-raising fraud,"the purpose of illegal possession" is not exactly the same with other property in the crime of "illegal possession". Therefore, only when the correct understanding in the fund-raising fraud,"the purpose of illegal possession" basis can be more accurately defined behavior in fund raising activities have the purpose of illegal possession.The most attract sob’s attention in the Wu Ying case is Wu Ying’s behavior is borrowing or fraud problem. The distinguish about this relationship with Wu Ying from the behavior of the nature of the problem. This paper based on the introduction of private lending of the distinction proposed opinion.

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CLC: > Political, legal > Legal > Chinese law > Interpretation of case
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