(a) the subject of crime 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 should be included 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.
Legal basis: Article 192 of the Criminal Law illegally raises funds by fraud for the purpose of illegal possession, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.