周基湖集资诈骗案评析
发布时间：2018-07-24 14:30
【摘要】：随着我国经济进入快速发展期,集资诈骗犯罪活动走高态势日益显现,给国家发展造成极大的危害,它不仅严重侵犯了国家对金融的管理秩序,同时也严重损害了广大投资者的合法权益,因此,在新的形势下加强对集资诈骗犯罪的打击和防范,已成为我国现阶段立法机关和司法机关一项突出而又艰巨的任务,为了正确认定犯罪事实,准确适用法律,达到遏制犯罪的目的,在司法实践中,必须准确区分此罪与彼罪的界限。 用案例与刑法学理论相结合,对周基湖集资诈骗案做出初步的评析,希望为司法实践解决集资诈骗犯罪提供一些参考,首先简要介绍案件的基本案情和法院裁判结果,根据案情归纳争议焦点及引发的法律问题,并对不同观点进行简要介绍,对争议引发的法律问题依据刑法学理论进行阐述。对于本案来说,争议的本质并不是罪与非罪之争,而是涉及此罪与彼罪的认定,即合同诈骗罪与集资诈骗罪认定的争议,要判断某一行为是构成合同诈骗罪还是集资诈骗罪,必须考察这种行为是符合合同诈骗罪的犯罪构成还是符合集资诈骗罪的犯罪构成。然后依照犯罪构成理论,联系本案事实,从合同诈骗罪的基本构成要件之犯罪客体、犯罪客观方面阐述本案不符合合同诈骗罪的理由,另外切合集资诈骗罪的基本构成要件,从集资诈骗罪的犯罪客体和对象、客观方面、主观方面、主体四个方面,论述本案应该认定为集资诈骗罪的理由,最后依据刑法学理论知识,联系案情,对案件的判决结论进行初步评析。
[Abstract]:With China's economy entering a period of rapid development, the crime of raising funds for fraud has become increasingly apparent, causing great harm to the development of the country. It not only seriously infringes the management order of the state over finance, At the same time, it has also seriously damaged the legitimate rights and interests of the majority of investors. Therefore, strengthening the crackdown on and prevention of the crime of fund-raising fraud under the new situation has become an outstanding and arduous task for the legislature and the judicial organs at the present stage in our country. In order to correctly identify the facts of the crime, apply the law accurately and achieve the purpose of containing the crime, in judicial practice, we must accurately distinguish the boundary between this crime and the other crime. With the combination of case and criminal law theory, this paper makes a preliminary analysis on Zhou Jihu's financing fraud case, hoping to provide some references for judicial practice to solve the crime of fund-raising fraud. First of all, it briefly introduces the basic case of the case and the results of the court decision. According to the facts of the case, the author summarizes the focus of the dispute and the legal problems caused by the dispute, and briefly introduces the different viewpoints, and expounds the legal problems caused by the dispute according to the theory of criminal law. For the present case, the essence of the dispute is not the dispute between crime and non-crime, but the determination of this crime and the other crime, that is, the dispute between the crime of contract fraud and the crime of financing fraud, so as to judge whether a certain act constitutes a crime of contract fraud or a crime of raising funds. It is necessary to investigate whether this kind of behavior conforms to the criminal constitution of the crime of contract fraud or the crime of financing fraud. Then, according to the theory of constitution of crime, connecting with the facts of this case, from the object of crime of the basic constitutive elements of the crime of contract fraud, from the objective aspect of the crime, the paper expounds the reasons why the crime of contract fraud is not in conformity with the crime of contract fraud, and the basic constitutive elements of the crime of fraud by raising funds. From the crime object and object, objective aspect, subject four aspects of the crime of financing fraud, this paper discusses the reasons why this case should be recognized as the crime of financing fraud, and finally, according to the theory of criminal law, connecting the case, The conclusion of the judgment of the case is preliminarily evaluated.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D924.3;D920.5
本文编号：2141674
[Abstract]:With China's economy entering a period of rapid development, the crime of raising funds for fraud has become increasingly apparent, causing great harm to the development of the country. It not only seriously infringes the management order of the state over finance, At the same time, it has also seriously damaged the legitimate rights and interests of the majority of investors. Therefore, strengthening the crackdown on and prevention of the crime of fund-raising fraud under the new situation has become an outstanding and arduous task for the legislature and the judicial organs at the present stage in our country. In order to correctly identify the facts of the crime, apply the law accurately and achieve the purpose of containing the crime, in judicial practice, we must accurately distinguish the boundary between this crime and the other crime. With the combination of case and criminal law theory, this paper makes a preliminary analysis on Zhou Jihu's financing fraud case, hoping to provide some references for judicial practice to solve the crime of fund-raising fraud. First of all, it briefly introduces the basic case of the case and the results of the court decision. According to the facts of the case, the author summarizes the focus of the dispute and the legal problems caused by the dispute, and briefly introduces the different viewpoints, and expounds the legal problems caused by the dispute according to the theory of criminal law. For the present case, the essence of the dispute is not the dispute between crime and non-crime, but the determination of this crime and the other crime, that is, the dispute between the crime of contract fraud and the crime of financing fraud, so as to judge whether a certain act constitutes a crime of contract fraud or a crime of raising funds. It is necessary to investigate whether this kind of behavior conforms to the criminal constitution of the crime of contract fraud or the crime of financing fraud. Then, according to the theory of constitution of crime, connecting with the facts of this case, from the object of crime of the basic constitutive elements of the crime of contract fraud, from the objective aspect of the crime, the paper expounds the reasons why the crime of contract fraud is not in conformity with the crime of contract fraud, and the basic constitutive elements of the crime of fraud by raising funds. From the crime object and object, objective aspect, subject four aspects of the crime of financing fraud, this paper discusses the reasons why this case should be recognized as the crime of financing fraud, and finally, according to the theory of criminal law, connecting the case, The conclusion of the judgment of the case is preliminarily evaluated.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D924.3;D920.5
【参考文献】
相关期刊论文 前5条
1 黎全阳;;关于诈骗罪认定若干争议问题的探讨[J];法学家;1996年02期
2 王越飞;;集资诈骗罪的法理分析[J];河北法学;2006年02期
3 李娜;集资诈骗罪构成要件探析[J];广西社会科学;2005年10期
4 杨艳霞;;集资诈骗罪中“非法占有目的”的认定[J];现代营销(学苑版);2012年04期
5 肖怡;非法集资个罪研究[J];云南大学学报(法学版);2005年01期
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