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On The Legal Definition Of Illegal Fund Raising

Posted on:2017-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:T X ZhaoFull Text:PDF
GTID:2206330503465162Subject:Law
Abstract/Summary:PDF Full Text Request
Recent years,the occurrence of the cases of illegal fund‐raising becomes more and more frequent. As a result, this problem brings with a great social impact, concerned by the whole society greatly. The point is the protection of investors. However, recently the deep study for the problem is relatively weak. Although the term of illegal fund‐raising is widely used, its connotation, concept,and definition are very vague. It often is confused with the illegal absorption of public deposits, fund‐raising fraud concept. Many disputes arise in the practice. The quality of the illegal fund‐raising is random. Controlling the cases of the illegal fund‐raising excessively relies on criminal law. All about the above fully express that the special research about the legal definition of illegal fund‐raising is still not enough. So the legal definition of the illegal fund‐raising becomes a difficult problem.By using the legal theory,this article bases on the analysis of the folk finance and the financial markets. This article discusses the financing behaviors and the development, the form and the legal definition of the illegal fund‐raising. This article gives the connotation and the definition of the illegal fund‐raising by comparing the standard about the illegal fund‐raising. This paper is divided into four chapters. The introduction part introduces the significance of the topic, the research status, research ideas and main points; The first chapter introduces the illegal fund‐raising of the concept, characteristics and forms, and from the social level, from the perspective of law and system nodes structure of illegal fund‐raising causes are analyzed; the second chapter discusses the illegal fund‐raising civil and administrative laws and regulations and definition; Chapter Three discusses the illegal fund‐raising criminal law regulation and definition; chapter four analysis of the law of illegal fund‐raising is defined in the existing problems, and puts forward related suggestions.The innovation of this paper is that it gives the shortage of the definition about the illegal fund‐raising, distinguishes the money market from the capital market, and discusses the relation of the direct financing and indirect financing. It is based on the views of other writers. Limited to the author’s own level, the paper just is about the thinking of the definition of the illegal fund‐raising. It is hoped that there will be more and more legal and financial sector experts and scholars doing more in‐depth study about the topic. So there will be more theories that can be used to guide the judicial practice. At the same time to protect investors, they can be used to guide the collection and financing behavior to develop well, promote the function of the private financial investment, and serves China’s economic construction, economic reform and economic development.
Keywords/Search Tags:illegal fund‐raising, private lending, crime of illegally absorbing the public deposit
PDF Full Text Request
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