Illegal Fund-raising Crime Research

Illegal fund-raising is a kind of crime which is harming the market economy and social order. Since the last century, acts of illegal fund-raising repeated in a growing trend. Increasing number of those acts seriously disrupted the country's financial management system. Administrative penalty was no longer an effective means of regulating the complicated situation. Once the criminal law involved in the adjustment area as a baseline to protect the society, part of the illegal fund raising acts became fund-raising crime. This article intends to study the existing legislative status of illegal fund-raising crime for analyzing the four typical charges of illegal fund-raising crime and doing comparison research among the various charges, further to reach the conclusion of improving legislation and preventive measures.This article is divided into six parts. Chapter I is an overview of the i llegal fund-raising which introduces the basic theory and the current status of illegal fund-raising. For a broader perspective, this chapter covers the concept, characteristics, legislative history, causes and current legislation of illegal fund-raising. Through vertical and horizontal analysis, this article gives a comprehensive study to such behavior.ChapterⅡis Separate Charges Research of Illegal Fund-raising Crime. This chapter focuses on the concept and the constitutional factors of four illegal fund-raising charges. Using the "Four Constitutional Factors" theory, we analyzed some of the crime elements which appeared to be more controversial to get a clear view of those concepts, and to clarify the characteristics of the charges.Chapter III is Complicated Problems of Judicial Determination on Specific Charges. This chapter focuses on solving the identification difficulty of the charges in judicial practice. Using comparative study methods, this chapter further gathers up the characteristics of each charge by comparing the situation of crime and legal, different charges, and charges among the illegal fund-raising crime.Chapter IV and Chapter V focus on perfecting legislation on illegal fund raising crime. Chapter IV makes several suggestions in perfecting and restructuring the illegal fund-raising crime, while Chapter V provides various means of preventing illegal fund-raising other than judicial methods.Summary makes a brief conclusion of this article.