Study On Criminal Regulations Issues Of Illegal Fund-raising Behavior

Illegal fund-raising is the product of market economy development to a certain stage,the capital markets is the embodiment of the contradiction between the demand andsupply. Since the ninety s, the illegal fund-raising prohibition behavior and intensified.All kinds of illegal fund raising behavior seriously disrupted the country’s financialmanagement order. In order to regulate illegal fund raising behavior, in the past decades,our country issued relevant laws and regulations, the regulation is the most severecriminal law, but triggered by illegal fund raising behavior crime number does notreduce, but with the development of economy and the rising trend, and careerdevelopment and to the field. This fully embodies the justice in our country to crackdown on illegal fund raising class a crime, but also reflects the folk finance and thecontradiction between the current credit system and legal regulation, the reflection onthe current criminal law regulation means of raising funds illegally, clearly is necessary.Therefore, the behavior of illegal fund raising criminal law regulation, to curb illegalfund raising behavior in our country, maintain the stability of the market economy orderand the country’s financial order has important significance.For illegal fund raising activity, often used in our country’s criminal law "the crime ofillegal absorb public deposits." But to this crime conviction does not conform to thelaws of logic, wrong to expand the applicable scope of this crime, but also notconducive to construct effective regulation system of raising funds illegally behavior,failure to legitimize the reserved space for private finance. With reasonablerequirements should not blindly to crack down on illegal fund raising behavior, shouldbe the appropriate "guidance", by means of direct financing into the line processing. Onthe regulation of criminal law, the punishment for illegal fund raising behavior, shall bebased on "issue stocks or company or enterprise bonds of sin" instead of "crime ofillegal absorb public deposits." But to complete this transition,"securities law" isneeded to expand the definition of securities and corresponding charge will be changedto "do STH without authorization to publicly issue securities crimes". In judicialpractice at the same time to "for the purpose of illegal possession" proper,"the public"to avoid a misdemeanor heavy sentences and is not a crime is defined as crime, to thefolk financial legalization leave some space.Based on the necessity of criminal law regulation for illegal fund raising behavior, on the basis of depth analysis, through the legal analysis, based on the legislative intent andthe status quo of the social and economic development, then expounds the criminal lawon illegal fund-raising, treatment should be performed by regulating tries to illegal fundraising behavior regulation of the criminal law in our country at present situation andexisting problems are discussed, and on this basis put forward the improvementSuggestions from two aspects of legislation and judicature.