Illegal Fund Raising Crime And Legal Regulation Of Legal Private Loan

In recent years, illegal fund-raising cases frequently outbreak in China. Forexample, Case.WuYing,Case.GuChunFang and Case.ZengChengjie, all of thesebegins with the public security organ for investigation and to investigatethe direct responsibility for the end of criminal suspects. These cases has seriouslyaffected the economic development and social stability. In criminal identification,because of not easy assurance of folk financing policy andillegal financing of thelegal boundaries, making the definition of illegal fund-raising and to raise funds forthe purpose of illegal possession "in the crime of fraud" understanding becomes thedispute focus of crime and non crime, this crime and other crime.<Some opinions ofthe State Council on further promoting the healthy development of capital market>shows that folk financial legalization gradually as the trend of the times, how toregulate private lending financing, how to define the legal lending limits and illegalfund-raising behavior,are the focus of this paper.Thesis consists of four parts. The first part of the thesis is mainly about the statusof the existing criminal law regulating illegal fund-raising class crime collate andsummarize. Which highlights the two most commonly used in practice charges,namely the crime of illegal deposits from the public and financial fraud.The second part of the paper stresses the legitimate private lending behavior,which is a narrow private lending, private lending from the historical evolution of thecharacteristics of private lending behavior and then to the necessity and importance ofprivate lending behavior still exists in contemporary and so on.The third section discusses the difference between paper type of crime and illegalfund-raising private lending between legal, illegal fund generally speaking first classdistinction in this category of crime and legitimate private lending, after expoundingthe crime of illegal deposits from the public, raising the difference between fraud andlegitimate private lending, focusing on lending practices in a crime or the legalframework defining issue of this crime and other crimes.The fourth part is the author of a number of recommendations, including the abolition of the death penalty applies only financial crime still retain the death penaltyfor the crime of financial fraud, the crime of illegal fund-raising additional charges forthis specific regulation of illegal possession for the purpose of taking a non-fraudulentmanner to raise funds and a large amount of behavior, continue to protect andencourage legitimate private lending behavior.