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集资诈骗罪是市场经济条件下资金与发展之间矛盾的产物,属于常发性犯罪。受全球金融危机的影响,我国各地集资诈骗案件频发,手段翻新、形式多样,严重破坏了金融管理秩序。基于此,本文正是在最近发生的吴英集资诈骗案的背景下,对该罪司法实践中的以非法占有为目的、诈骗方法、非法集资的认定等方面的难题进行分析,并对集资诈骗罪进行多重检讨,以期提出可供借鉴的意见。
The crime of fund-raising and fraud is the product of the contradiction between capital and development under the conditions of a market economy and is a frequent crime. Affected by the global financial crisis, there have been frequent cases of fund-raising and fraud in our country and their means have been renovated in various forms, seriously damaging the order of financial management. Based on this, under the background of the recent case of Wuying fund-raising fraud, this article analyzes the problems in the judicial practice of the crime, such as illegal possession, fraudulent methods and the identification of illegal fund-raising, Conducted multiple reviews of crimes, with a view to making suggestions for reference.