The constitutive requirements of a crime are the basis for the establishment of a crime and the investigation of the criminal responsibility of the criminal subject. Therefore, it is necessary to further analyze and discuss the specific elements of the crime of illegal fund-raising in China's current criminal law.
1, the criminal subject is the general subject, including natural persons and units.
What we want to emphasize here is the legal fictional personality subject-unit, otherwise we will not be able to regulate the illegal fund-raising behavior carried out by a large number of units (either units exist alone, or units and natural persons, units and units * * *) in judicial practice through criminal law.
2. The subjective aspect of crime is intentional.
The parties know that their illegal fund-raising behavior will produce harmful results to society, and hope that this result will happen. In the case of illegal fund-raising in the unit, this intention is manifested in the fact that the person in charge, the person directly responsible and other responsible personnel of the unit deliberately pursue specific results that endanger society in the name of the unit.
Intentionally, unit crime is the common understanding and will of unit members, which is strictly different from the personal understanding and will of unit members.
3. The object of crime is the national financial management order.
In form, illegal fund-raising is a process of capital operation, that is, by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates, the funds of unspecified objects are concentrated, making them formal investors (shareholders and creditors), which often involves a large number of people and a large amount of money, seriously undermining the national financial management order.
Therefore, we suggest that the crime of illegal fund-raising be included in the crime of disrupting financial management order in the fourth section of Chapter III of the Criminal Law, so as to establish its due position in the whole criminal law system.
4. The objective aspect of crime is fund-raising without the approval of relevant departments according to legal procedures.
Mainly through the illegal issuance of stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates to raise funds from unspecified social objects, and promise to repay the principal and interest or give other returns to investors in cash or in kind within a certain period of time.
Extended data:
Personal financing for the purpose of illegal possession;
1. The raised funds are not used for production and business activities, or are obviously out of proportion to the scale of the raised funds, so that the raised funds cannot be returned;
2, squandering the fund-raising funds, so that the fund-raising funds can not be returned;
3. Run away with funds;
4. Use the raised funds for illegal and criminal activities;
5. Evading, transferring funds, concealing property or evading the return of funds;
6. Concealing or destroying accounts, or carrying out false bankruptcy or false bankruptcy to avoid withdrawing funds;
7, refused to account for the whereabouts of funds, to escape the return of funds;
8. Other circumstances under which the purpose of illegal possession can be identified.
Baidu Encyclopedia-China People and China Criminal Law