Illegal Fund-raising Behaviors Legal Regulation Research

Content: Folk credit has since ancient times, it almost with every one of us in life isclosely related to social life, is a common phenomenon. Because the systemimperfection, many fundraising behavior were illegal fund-raising hat. In the rapiddevelopment of the socialist market economy today, the private economy as a newforce suddenly rises. The backbone force, occupied half of the country, for society ofour country economy development made a significant contribution. Laws andregulations lag behind and the blemish of the system has become the constraints ofChina’s private economic development decision factors. Recently Wu Ying trial andsentencing in the country has aroused strong repercussions, people on a fund-raisingcriminals sympathy, a large part of the existing financial system from dissatisfaction,financial monopoly results, one aspect is that corporate from the formal channels tomarket prices can not borrow money, on the other hand is the underground financialmarket extremely active but also extremely dangerous. On the Wu Ying case aboutthe rational opinion is embodied in the current legal system, the financial systemreform and social justice hope. How to correctly define the illegal fund-raising andnormal borrowing from system level for civilian battalion economy policy, hasbecome a pressing matter of the moment.This paper consists of four chapters. In the first chapter of illegal fund-raisingbehavior overview introduces the meaning of illegal fund-raising, illegal fund-raisingand private lending limit. From the behavior characteristic, main way of illegalfund-raising are analyzed, and introduced China and the United States of Americaillegal funds and private financing status.The second chapter mainly analyzes the inevitable causes of illegal fund-raising.First from the folk lends money the legal regulation and the institutional dilemma offolk loan, economic analysis, analysis of social factors on angle elaborated ourcountrycauses. From the angle of the next respectively analyzes the reasons of illegalfundingThe third chapter focuses on the analysis of illegal fund-raising legal basic state.From borrowing behaviour of non criminal law perspective, analyzes the borrowingbehavior norms of criminal law the initiation phase, phase adjustment. From theperspective of criminal law regulation of fraud crime, crime of illegal absorbingpublic deposits, destroy the securities management order from crime and disrupt themarket order from the criminal legal regulation.The fourth chapter proposes the legal regulation on illegal fund-raising system perfecting. Firstly, studied our country folk financing law experienced budding, formand development of the three evolution. Combined with the practical analysis ofChina’s current system of illegal fund-raising deficiencies in the legal regulations.Defects are analyzed from three aspects, one is the folk financing law regulationsystem defects; two is the illegal fund-raising legal regulation legislation defect; threeis the lack of supervision of illegal fund-raising legal regulation. According to theabove factors, the author puts forward the illegal fund raising legal system perfection.One is from the special legal regulation the perfect angle, first from the criminal lawsystem as soon as possible, make recommendations" lending regulations"," folkfinancing law". The second is from the angle of the perfection of criminal lawregulation, suggestions: first, to add " crime of illegal fund-raising", rational design ofthe constitutive elements of a crime; second, to further improve the crime of fraud infinancing; third, improve the issuance of stocks without approval, company, enterprisebondfraud crime of issuance of stocks, bonds, will be the two crimes are merged. Twois to further improve the relevant civil financing means of judicial relief. Presentfunders as civil subject has to fund-raising party claims rights basic appeal throughlegal means should be clearly and the establishment of group litigation system. Threeis the abolition of illegal fund-raising crime death penalty, suit with this photograph,the existing penalty clause was properly adjusted.This article innovation spot lies on private funds and illegal fund-raisingphenomenon do multi-angle, all-round analysis, put forward to reform the existinglegal framework, improve the relevant legal regulation ideas. The current study onillegal fund-raising more, but mainly revolves around the non-governmental financeresearch, did not differentiate between the direct financing and indirect financing, thesuggestion is only from criminal law angle on the relevant articles of the criminal lawrepair. This article is in the criminal legal regulation also raised its own point of view,in the hope of forming a criminal law and criminal law regulation of organiccombination of the legal framework system.Because of the level of reason, the deficiency is very obvious. Feel for how todistinguish between borrowing and illegal fund-raising and how the legislation angleincrease on normal folk credit give aid to strength the research still deficient, I believethere will be more experts, scholars have a more in-depth study.