Criminal Law Civil Illegal Financing Behavior

Between private finance and investor owned by people outside the national statutory financial institutions in order to obtain the right to use the interest and availability of funds and to pay the agreed interest for the purpose of the use of private lending, private bill financing, securities financing and civil society to raise funds temporarily change the behavior of other forms of financial capital ownership. Private financing is a modern financial system, an important component, but also a useful supplement to formal finance, but in our country, pursuing a formal long-term finance unified monetary policy, the legitimate private financial drifted outside, walk between the illegal and criminal, in recent years, many finance classes crimes sparked widespread concern and collective reflection, though, policy, legislation and research for the legitimacy of the status of private financing has brought ice-breaking, but private financing is still in a relatively awkward position exists objectively folk illegal financing behavior are constantly warning us.Papers addition to the introduction, the conclusion, is divided into five parts, the text of about32,000words.The first part is the basic definition of private financing, this part of the concept and characteristics of private financing briefly elaborated on the basis of private financing includes two proposed legal and illegal private financing private financing, and illegal financing do folk defined.The second part is the illegal financing of acts of civil-like state, based primarily on the part of judicial practice, as well as a typical case of judicial interpretation, a summary of specific acts of illegal financing of folk-like state, grouped into the open, fund-raising target of private financing of public advocacy based, private financing of fixed returns and falsified five deviant behavior of private financing and risk management to raise funds.The third part is the criminal justice dilemma folk illegal financing, this section analyzes the current governance of civil conduct illegal financing difficulties encountered in criminal justice, mainly in the following aspects:First, the legal system of private financing behavior adjustments are inadequate, Second, private finance regulatory body misconduct missing criminal sanctions, the third is legal and illegal, criminal acts of ill-private financing, four are criminal penalties and administrative sanctions, civil folk illegal financing of convergence adjustment unreasonable, five are private financing case public opinion in the criminal justice suffered serious questions.The fourth part of criminal law illegal financing of civil governance standpoint, this section reviews the differences between academic theory of criminal law governance of private financing, based on the nature of the criminal law to protect the means and the end of the second adjustment, the basic position of the criminal law advocates illegal financing of private governance should be last resort principle of criminal law.The fifth part of illegal financing of criminal law for civil application of criminal law, this section provides a brief analysis of the current system of civil charges of illegal financing, and illegal financing of civil specifically applies mainly alleged crime of illegal deposits from the public and financial fraud to do a more in-depth elaboration.