Some Substantive Crime Of Illegal Fund-raising Issues

At present, the situation of illegal fund-raising is unoptimistic. In dealing withsuch crimes, opinions from judicial organs like the public security, the procuratorialorgan and the court, government organs and those from the academic circle differ on alarge number of issues which includes:1. How to determine which territorial investigation organ is to exercise the powerof jurisdiction of investigation on cross-region cases so that to ensure well fightingagainst such crimes according to laws in an all-round way.2. How to define the requirements of collecting evidences and to identify theeffectiveness of statements and electronic data under the circumstances of variousevidences exist:3. How to distinguish the subjects of such crimes, the subjective and objectivefactors and the related joinder of offences.4. How to handle the policy on recovering and disposing the property involved inillegal fund-raising cases.The fact that different views on the above issues exist gravely hamper theconducts of the investigation, the prosecution and the trial which inevitably lead tonegatively affecting bringing criminals to justice and protecting legal interests. Worseof all, the state of affairs will cause confusion over the nature of the issue in thepublic.To tackle the above problems, the author of this thesis has done a relativelythorough research which is illustrated in the following five parts:Part one has stated the status quo of illegal fund-raising crimes, aiming atproviding a solid foundation for further analysis and the final solution to existingproblems.Part two of the thesis suggests a‘one in charge, more in assistance’model inhandling the cross-region cases, followed by the analysis of the merits and demerits ofthe model as well as corresponding solutions.Part three discusses the effectiveness and the requirements of collecting ofvarious evidence, thus proposes the adoption of a proportionate evidence-collectingmodel and make it clear concerning the effectiveness of the electronic data.Part four defines the status and responsibility of the illegal fund-raising agentsand analyzes the key factors in determining a crime: the meaning of ‘disseminationaction’,‘the social public’,‘the illegal possession’. The distinction between illegal fund-raising and pyramid-selling and the related handling are also expounded in thispart.Part five makes definite of the following issues: whether the case-relatedproperty such as the interest and remuneration for service are allowed to be recovered;the timing and model of disposing these property.This thesis through its research intends not only to help clear the way forsmashing the illegal fund-raising, but also to enable the judicial organs to be wellcoordinated, the law to be well enforced, the criminal procedure carried in accordancewith laws to be unhindered, the legal rights of the suspects to be respected, thebenefits of the mass to be ensured, the credibility and the unity of the administrationof justice to be strengthened. Only in this way can the state financial order be properly,effectively, efficiently guaranteed.