Identification of financial fraud
|School||China University of Political Science|
|Keywords||Financial fraud Purpose of illegal possession Fraud Methods Illegal fund-raising The amount of crime|
Financial fraud as a financial crime , and its large amount of money involved , the number of victims and more, with serious social harm , but in reality the frequent cases of financial fraud , serious harm to the normal financial management order and undermined the legitimate investors interests , which makes financial fraud to become China's criminal law focus on combating financial crime world. Judicial practice, correct identified financial fraud is significant , but the correct identification financial fraud has become a practical problem. This paper studies the financing of the elements of the crime of fraud , financial fraud finds that the key to two basic questions: First, how to identify crime subjective aspects, namely purpose of illegal possession of identification ; second is how to identify the objective aspect of crime . This article is aimed at two basic issues research , is divided into three parts. The first part discusses the financial fraud Overview of the Criminal Law . Pointed out that part of the criminal law provisions of fund-raising fraud undergone changes from scratch , and introduces the concept of extreme financial fraud crimes constitute , concluded that financial fraud criminal law setting of great significance . The second part discusses the subjective aspects of fund-raising fraud identified , focusing on the identification of the purpose of illegal possession . This section points out the purpose of illegal possession of content , significance , and how to recognize the judicial practice : First , the purpose of illegal possession includes two aspects: one is the owner of property in order to obtain the status of excluded property owners to property domination ; the second is the meaning of all , use or dispose of the property. Secondly, the purpose of illegal possession with a finding of financial fraud and crime or distinguish this crime and other crimes feature. Finally, identify financial fraud purpose of illegal possession , should adhere to the principle of consistency subjective and objective , using the method of judicial presumption , through concrete facts to prove the basis of the subjective purpose of illegal possession of hearts existence . The third part discusses the objective aspects of fund-raising fraud identified . Objective aspects of fund-raising fraud consists of three basic elements: fraud methods , illegal fund-raising , the amount of crime . This section is through focusing on these three basic elements to achieve the objective aspects of fund-raising fraud identified .