Research On Criminal Regulation Of Illegal Fund-raising

With the pace of China's reform and opening up and the gradual establishment and improvement of market economy system.The non-public economy has brought about the rapid development,but also makes the demand of the private enterprises and individuals for funds into an increasingly vigorous and urgent stage.Under this background,the formal financial system has been unable to meet the strong demand for fund in market,the contradiction between brisk demand for fund in market and inefficient supply to be highlighted increasingly,at this time,a large number of illegal fund-raising activities have burst.Since 1990 s,the illegal fund-raising crime showing a professional,systematic features from the very beginning,and this trend intensified.All kinds of illegal fund-raising behavior has seriously disrupted the order of financial management in our country.In order to crack down on illegal fund-raising behavior,the penal code(1997)formally established the crime regulations of illegal fund-raising,then the judiciary,the executive authorities published a large number of judicial interpretation and administrative laws and regulations revolved round criminal law and related subsidiary criminal law,and this move objectively combat the expansion of illegal fund-raising crime in a short time.However,from the view of practical effect in the past two decades,especially in recent years,the community broke out a series of controversial cases of large cases,such as Wu Ying case,Zeng Chengjie case and a series of large-scale fund-raising cases were pushed to the climax of public opinion under the background of economic transition.On the one hand,it reflects the serious impact of our judicial action on illegal fund-raising behavior.On the other hand,it reflects the financing difficulties of private enterprises,and the huge contradiction between the current financial credit system and legal regulation in the market economy system.At present,China's legal regulation of illegal fund-raising crime is generally stipulated in the scope of civil law,administrative law and criminal law.Especially in recent years the country's efforts to crack down on illegal fund-raising increasingly firm,And criminal law as the first intervention in the supervision of illegal fund-raising crime.However,in such a severe criminal law to bring the practical effect of the disposal is not satisfactory,on the one hand,resulting in the criminal regulation of illegal fund-raising tends to expand,it is obviously contrary to the modesty principle of criminal law,on the other hand,also did not give a reasonable space for private financing,Thus hindering the development of private financial and economic.Therefore,In this illegal fund-raising crime despite repeated violations of the situation,In order to protect the normal operation of the financial order.This article will be based on the legal principles of criminal law modesty,First from a conceptual point of view,narrate the basic overview of illegal fund-raising behavior in criminal law and the legal regulation course,especially in criminal law.Secondly Combined with a large number of cases of illegal fund-raising,analyze the causes of such crimes and the necessity and limits to combat the criminal law of this type of crime.And than expounds on effect of application and practice about the relevant legal norms of illegal fund-raising to analyze the disadvantage of the illegal fund-raising behavior in China's criminal law.Finally,the author will offer proposals from the aspects of legislative and judicial.From the legislative structure and the application of justice to start,improve the relevant criminal law regulation measures,so as to regulate the financial market order,promote economic development.