Criminal Law Regulation Of Illegal Fund-raising

During recently years, illegal fund-raising has run rampant, especially in Jiangsu andZhejiang district, where quite a number of illegal fund-raising cases roar and threatendirectly the safety of people’s belongings as well as the long-time development of thenational economy. Although the Criminal Law has taken some certain measures to takecontrol of the illegal fund-raising, it is true that a large amount of problems appear, such asthe standard of definition of illegal fund-raising, the concurrence of some similar crimesand the rationality of criminal penalty. This paper starts with the legislation history ofillegal fund-raising, analyses the reason of illegal fund-raising, differentiates the similarfund-raising crimes, rethinks profoundly the criminal penalty. Lastly the author putsforward to some advise upon the above analysis.Not including the foreword and the conclusion, the paper generally consists of therechapters.The first chapter gives a simple introduction of the legislation history as well asdifferentiates four crimes, which are regulated in the Criminal Law. They are Crime ofillegal absorbing public deposits, Crime of illegal issue of company stocks and enterprisebonds, Crime of fraud in financing, Crime of illegal business operations. Generallyspeaking, the paper compares the definitions and constitutive requirements of the fourabove crime.The third chapter proposes a series of solutions according to the problems raised instriking the illegal fund-raising. Solution A is to put the illegal fund-raising into the controlof Crime of illegal absorbing public deposits as an indirect way. Solution B is to create annew crime named Crime of illegal fund-raising as a direct way. Solution C is to confirminnocent requirements for Crime of illegal fund-raising. Solution D is to attach importanceto applying of criminal penalty, such as the abolishment of death penalty, the reduction offreedom penalty and the strengthening of fine.