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On the financial fraud

Author: ZhaoDan
Tutor: KangFengYing
School: Heilongjiang University
Course: Criminal Law
Keywords: The crime of fund raising defraud The cheating method illegal gathers capital Inscape of the crime
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 389
Quote: 0
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Abstract

As the economic system reform of our country is beingdeepened constantly,the financial market unlocks progressively,various illegal fund-raising and raising funds to swindle theactivity to increase gradually,demonstrate the great socialharmfulness . Because The Criminal Code in 1979 has notstipulated the crime of fraudulent fund-raising.In the judicialpractice,it can only punish the behavior swindled by way of illegalfund-raising for the crime of fraud of the life imprisonmentaccording to supreme punishment,unfavorable to attacking raisingfunds and swindle the behavior.The Decision on punishing anddestroying financial order crime that the 14th meeting of the eighthStanding Committee of the National People’s Congress was passedon June 30,1995 Make finance such as the crime of fraud of fund-raising swindle the crime to isolate from ordinary crime offraud,this is the first formal legislation to the crime of fraudulentfund-raising of our country.Criminal Code in 1997,change crimethis by behavior into result(number),regulation to increase HaveHeavier Numbers relatively,regard Have Heavier Numbers as oneof the important constitution of the crime of fraudulent fund-raisinto suitable to apply terms strict fixed death penalty,thus make thelegislation of the crime of fraudulent fund-raising become moreand more complete.The auther discusses the Capital-raising fraud crimes in the thesis, which includes fourpart such as the history of legal, the criminal structre, the compare of the approximatecrimes.Part one illustrates the stipulatlons concerning about this crirne in our countryincluding the causes, main. The development of the Iegislation on this crime is alsotouehed.The second Part introduces the Charaeter of the structur of CaPital-raising fraudcrime.It’s impersonal character include“using means of fraud”,“raising cpital illegal”,“raising capital illegal and reaehing big amount”,and the form of the behave isvarious.Part three studied with emphasis has gather capital to cheat the crime the judicature torecognize the question.About the crime with the non-crime boundary question,mainly studied has gathered capital to cheat the crime lends money the dispute withnon-crime boundary difference and with the folk the difference.About this crime andother crime question,studied the difference of the Capital-raising fraud crime and thecrime of cheat crime and ordinary cheating crime,contraet cheating crime,theillegal basoprtion public deposit crime,fraud to issue stocks and securities.In Part four the another focuses on the application of punishment.The Iegislativestipulation , application of capital.Punishment of fine , punishment againstqualifications are dealt with in detail.

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