Research On The Investigation Of Illegal Internet Fundraising Cases

It's not common to see a private financial market with such a big scale and a long period of depression like China in the whole world.Transformed from the planned economy,China's market economy has been growing steadily under the supervision and regulation of the government and relative laws.However,the appearance and development of private finance have not raised enough attention from the industries and society.Private finance has strong flexibility and development potential.However,under the comprehensive effects of unsound laws and related industry standards,private fundraising has been put in a status with intertwined sub-standards and depression.With the arrival of the Internet age,private fundraising,depressed and controlled in the real world,begins to find its own soil to grow.That's how private fundraising takes the ride of the growth of the Internet and generates Internet financial borrowing.Gradually,borrowing has developed from only between acquaintances to between total strangers,which makes the credit foundation connected by territory,blood and relations disrupted.With risks rising,crime in the field of Internet illegal fundraising surged.From the perspective of criminology,the paper makes analysis in terms of the crime characteristics and crime causes of Internet illegal fundraising.First of all,crime is the product of the society,so study on the criminal acts must proceed from the macro perspective of society.Then unfold concrete researches on other related aspects such as features of groups or individuals.At the Internet age,crimes related to illegal fundraising has been closely connected to the Internet.With values different from real-world moral standards and orders,Internet illegal fundraising has shown fresh characteristics in terms of crime space,behavior subject,behavior pattern,and criminal consequences.Moreover,according to systematic structural criminal reasons theory,the appearance of Internet illegal fundraising can be subjected to the result of interaction between reasons of multiple levels.For example,the fundamental reason for crimes comes from the imbalances in social development.However,various elements such as unitary investment channel in the financial system,policy incentives,risks caused by technology upgrading,individual personality of criminals all add up to Internet illegal fundraising.While from the angle of criminal jurisprudence,this paper makes summaries in line with the legislative evolution of illegal fundraising and discusses substantive matters like identification of major charges,identification of the subject of crime and determination of the amount of the crime.Also,according to the criminal procedural law,this paper will have an indepth study of the litigation status of the fundraisers,which the academia and the practice field both pay very high attention.Combined with experiences in judicial practices,the paper puts forward that fundraisers should attend criminal proceedings as witnesses.Under the guidance of criminal investigation study,difficulties in the cases of Internet illegal fundraising can be divided into two groups: difficult investigation points at the surface level,which are relatively easy to solve and investigation dilemma that can't be solved within short terms because of restrictions of current technological strength,legislation system,and institutional structure.This paper summarizes three difficulties of investigation in the preinvestigation period and in evidence collection,analysis and examination stages,and the disposal of property involved for the Internet illegal fundraising cases,as well as the investigation dilemma caused by quick updates in data technology and slow updates in evidence collection rules,rising workload in getting evidence and strict evidence standards,and industrialization of Internet illegal fundraising practice,thus putting forward possible solutions accordingly.First,this paper holds the view that a big-data pre-warning monitor mode with the pre-warning investigation system as its core should be established.Second,with trial-oriented as the central perspective and judgment document as the study sample,researches should be made in terms of the standards,thinking,strategies,focus points of getting evidence and possible solutions towards investigation evidence collection dilemma in Internet illegal fundraising cases.The purpose of these researches is to make the process of getting evidence and making investigations of those cases become more standardized.At last,this paper offers solutions and suggestions towards the disposal of the property involved in the criminal case after summarizing the current situation and prominent problems.To sum up,in current investigation of Internet illegal fundraising cases,these following points of view should be attached with higher importance: first,criminal law is the last means to handle the illegal fundraising crime,but not the necessary means.Second,as the starting point of criminal proceedings,the investigation is responsible for multiple functional tasks ranging from identifying the crime,investigating and getting the evidence to recovering stolen money or goods to reduce losses and safeguarding social stability.Thus,in investigating Internet illegal fundraising cases,the detective thought should be updated so as to build an investigation mode,mechanism and organizational form with technology at its core.Third,investigators should establish a trial-oriented investigation view and work in accordance with the evidence collection standards and criteria of the court trial from the very beginning of doing investigations and collecting evidence.Moreover,investigation efficiency shouldn't put extra weight to the litigation and it's not acceptable to lower the investigation cost while raise up the litigation costs.Finally,the disposal of the property involved in the criminal case connects not only the interests of the investors but also the social stability.That's the reason why it's necessary to further standardize acts in the process of property disposal with the help of rules and regulations,settling down issues related to the subject,range,and supervision.Consistent efforts should be made to figure out how to strike a proper balance between criminal cases and civil cases and how to further improve efficiency while achieving standardization.