With the establishment of the socialist market economy， the financial system reform and financial market， more and more people have not satisfied with just earn interest to seek the bank rate higher other investment All kinds of illegal fund-raising activities to emerge in endlessly， the behavior of social harmfulness greatly， disrupting the national finance supervision order， also can cause social unrest， the influence of social harmonious construction Funding is our financial fraud crime of a typical charges， in recent years， the more harm is huge， to the country and the people and property caused a bigger Based on the analysis of the components of the financing， financing difficult problem of The article is divided into six parts:The first part， this paper elaborates fund-raising， causes of fraud crime and suggested that the legislation on financing background， 30 June 1995， the eighth National People's Congress and the standing committee of the 14th meeting through the financial system concerning the punishment of the crime of destroying decision of financial fraud crime of fraud of funds from ordinary fraud in separation of funds， this is our country the first formal legislation In 1997 by the criminal act committed to this will make the amount (increased)， a large amount of "regulation"， "large amount of funds for the" as the constituents of the death penalty， strict rules applicable conditions， which collects the perfect crime And then analyses the elements of financing， financing problems such as that of the national financial fraud of infringement is private property regulation and double Only for directly intentionally subjective aspect， indirect intentional and faults are not constitute this The second part of this illegal funds， the definition and features of To deal with illegal funds in China are introduced， and the related policy document behavior characteristics of raising funds illegally behavior that are first， without the approval of relevant departments according to law， including without approval authority approved by departments of funds and the examination and approval authority departments approved funding， Second， in certain period commitment to investors to repay captital with Servicing form by monetary form， also includes mainly by forms or other form， Third， social not specific objects， namely， social public raise money， Fourth， to cover its legal form of raising funds Think， we should grasp the legal characteristics， raising funds illegally from illegal funds and lawful funding and legitimate civilian lending to consider the Angle The third part of funds， "the purpose of illegal possession" fraud is Think of the crime of fraud in financing "for the purpose of illegal possession" refers to the person in the subjective has raised funds will be illegal for some Also， the person that by fraud， make investors from the real property investors， effective control， and in the unit or individual offenders under The purpose of illegal possession is that constitutes one of the essential elements of funds， does not have the subjective and objective behavior， cannot constitute a fund-raising In practice， according to the subjective and objective factors synthetically judgment due the purpose of illegal Think of the criminal law refers to possess wealth for the control and management of Detinue illegally refers to the goods are in fact， not only such， have the person of its own property ownership of the exclusion of effective The fourth part of a crime， the financing problems were analyzed， and the main problems for units were put Legal person or organization in the unit of natural person or by post within the scope of implementation unit name collects fraud， without the person or persons to agency unit name collects fraud， the legal person or the unit after ratification and illegal income to crime， the legal person or entity or the unit crime， With the implementation of corporate or unit name FeiZhiWu behavior， unauthorized act， the legal person or not， after unit of crime， Based on some special cases are also were summarized， such as: have no legal person qualification for illegal activities and the establishment of the unit， or in implementing crime after the establishment of the major activities， and to believe to be the unit crime， To make this unit in charge directly responsible and other personnel are
