On The Range Of Illegal Fund-raising Crime With Non-fraud

Illegal fund-raising crime has always been one of the most attractive crime ineconomic crime of our country. Especially in recent years small and medium-sizedenterprises has developed rapidly, the speed and range of fund-raising can not fullymeet the need of the enterprise, because of the restriction of the formal fund-raisingchannel and the lack of private financing system. Many small and medium-sizedenterprises which has normal need of fund-raising raised money through society. Thiskind of behavior is easily identified as illegal fund-raising crime, which has criminalillegality on the surface, but essentially do not have sufficient criminality. To illegalfund-raising in the field of folk financing, our criminal law make a wide range ofcriminalization. As a result, the trial results of many illegal fund-raising crime has beenquestioned and debated. The behavior of fund-rasing in the form of fraud has naturalcriminality, the identification of this behaviour cannot raise dispute. However, Thebehavior of fund-rasing without fraud has not obvious criminality, whether it can beconsidered a crime depended on pre-criminal law and criminal law. The scope of crimehas large variability. At present, the characteristics of our criminal law about illegalfund-raising as follows, one is the range of regulation is unreasonable and another isthe range of regulation is unstable, which make lots of acts which do not havesubstantial criminality are regulated by criminal law. Through the use of historicalanalysis, normative analysis, empirical analysis and other research methods, this paperwill examine the status quo of the scope of illegal fund-raising crime with non-fraud inour country and put forward reasonable methods to set the range of un-fraud illegalfund-raising in the perspective of risk financing. On the basis of earlier discussion, thispaper will express the ideal about revising the criminal legislation of un-fraud illegalfund-raising crime.This article is divided into two parts of the introduction and main text. The introduction includes the significance of the research, the hotspot of earlier research,the main innovation of the paper and the main research methods and research path.The text is divided into four chapters. The first chapter explained the centerconcept of this article which included the risk of fund-raising and illegal fund-raisingcrime with non-fraud. When we define the concept of risk of fund-raising, to avoid themisuse of concept we should not ignore fund-raising which is a key word and mustdistinguish fund-raising from other close definition such as financing, private financeand private fund-raising. At the same time, the author analyses the structure of thefund-raising in this part, fund-raising can be divided into direct fund-raising andindirect fund-raising on the basis of whether raising funds through the financialintermediaries. Direct fund-raising includes the financial stock fund-raising, internalfund-raising and private lending fund-raising, indirect fund-raising includesunderground Banks, P2P network platform, financing intermediaries, and so on. Next,the author analyses the generation and the specific meaning of the risk of fund-raising.Meantime, the author defines the concept of fund-raising on the context of this paper.This paper selects the range of illegal fund-raising crime and determines fouraccusations including the crime of illegal absorb public deposits as fund-raising crimewith non-fraud.The second chapter comprehensively investigates the legal regulation about illegalfund-raising crime with Non-fraud. First of all, this chapter clarifies the evolution clueof laws which regulate illegal fund-raising with non-fraud from the perspective ofhistorical analysis. We can observe the legal regulation from the blank to thepreliminary Settings, from system establishment to perfect process system. Secondly,this paper analyses the current situation of legal regulation about illegal fund-raisingwith non-fraud crime and lists the present laws and criminal law which regulate illegalfund-raising with non-fraud crime. Then in order to express the range of the criminalregulation about illegal fund-raising with non-fraud crime the author clarifies the system of the law which regulate illegal fund-raising with non-fraud crime. Ostensibly,our present criminal system regulating illegal fund-raising with non-fraud is relativelycomplete and can operate, which can adapt directly in the judiciary. Indeed, there aresome problems in the criminality and criminalizing. Illegal fund-raising with non-fraudcrime is abstract perilous. Both the violation of law profit and the violation of normscannot explain the nature of this crime, it can be easily recognized some acts whichmay be not have obvious criminality as a crime. On the criminalization, the range ofillegal fund-raising with non-fraud crime has obvious irrationality and ambiguity. Thegrey zone of fund-raising and the excessive criminalization of folk financing are themain problems.The third chapter puts forward the idea that the degree of risk determines theregulative range of illegal fund-raising with non-fraud by criminal law. The risk offund-raising is important for regulating the reasonable criminal range of illegalfund-raising with non-fraud crime. As one of the regulative means of fund-raising,criminal law should evaluate the risk of fund-raising. We should use different lawsregulate different types of fund-raising. Only in this way can we form a gradientlegislative system. As a result, judging the degree of different types of fund-raising isthe basis of regulating reasonably the scope of illegal fund-raising with non-fraudcrime. The risk of fund-raising determines by three elements as follows. Is there aspecific fund-raising objects? Is there a fraud in the process of raising funds? And whatis the use of fund-raising? In order to prove the risk can be measured by three factors.Through using typical case analysis and statistical analysis, we make sure three factorscan become the standard of measure. Eventually, illegal fund-raising with non-fraud isdivided into four grade by the degree of risk. They are increasing step by step from thefirst level to the fourth level. The behavior of fund-raising also should regulate by lawaccording their rank.The fourth chapter makes a reasonable planning scheme about illegal fund-raising with non-fraud crime on the basis of the evaluation of the risk of fund-raising.Considering the impact of scope of illegal fund-raising with non-fraud crime, weshould know the fit direction about the range of criminalization. At present, the valueand policy about illegal fund-raising with non-fraud crime is tend to financial safetyand financial management. The regulative range of criminal law should be limitedbecause of the economic benefit, inevitably, the victim’s fault, the shortcomings of theexisting system and the modesty of criminal law of illegal fund-raising with non-fraudcrime. Therefore, this paper tends to be a position which is financial freedom andfinancial transactions. When the fund-raising to no particular object is order to produceor in the process of fund-raising without using the means of fraud, we should considerfund-raising as a result crime, only in producing the harm result can use criminal lawregulate. When the fund-raising to no particular object is order to produce and in theprocess of fund-raising without using the means of fraud, we should considerfund-raising as a dangerous crime.On the implementation of the concrete plans, the fund-raising which have noparticular object and without using the means of fraud is recognized it as issuing stocksor bonds without approval. The fund-raising which have no particular object and inorder to produce is considered as cheating fund-raising crime. The behavior offund-raising without particular object to high-risk investment or monetary capitaloperation is considered as illegal collection of deposits from public crime.Thus, thecrime of issuing stocks or bonds with cheating, issuing stocks or bonds withoutapproval, illegal business, fund-raising cheating, illegal collection of deposits frompublic are constituted of the law system about illegal fund-raising with non-fraud.