Qualitative Research Of Illegal Fund-raising Cases

With the high-speedy development of Chinese economy, the non-governmentalfinancing is emerging and extending increasingly. However, there is intense collisionbetween the development of non-governmental financing and the existing criminalregulation system of non-governmental financing. Though our country strikesseverely on the illegal fund-raising cases, its effect is not satisfactory. Now the illegalfund-raising cases attract more and more social attention, and some common caseevolved quickly into typical legal event. Through the case study of the illegalfund-raising case of HERUN Company, there is actual significance to how to dealwith the crime and non-crime, this crime and that crime of the non-governmentalfinancing, in the judicial practice.This paper is constituted of six parts, including:Part one: the cause of action, that is the illegal fund-raising case of HERUNCompany.Part two: case introduction, that is the process of the illegal fund-raising case ofHERUN Company.Part three: the focus of controversy, that is how to determine the nature of thiscase.Part four: differences of opinion. This part listed the different opinions and theirbasic reasons. The first opinion is that Ma’s action is only debt-credit dispute and nota crime; The second opinion is that Ma’s action constitutes Crime of fraud; The thirdopinion is that Ma’s action constitutes Crime of fraud in financing; The forth opinionis that this case is the unit crime in which HERUN company’s action constitutesCrime of illegal absorbing public deposits.Part five: the research conclusion. This part is the major part of this paper. First,on the basis of value proposition of governing non-governmental financing activitiesusing the criminal law, this part analyses the definition and constitution of a crime ofthe charges involve to the case, clarifies the difference between these charges andother related theories; Secondly, determine the nature of this case under the guidanceof theoretical analysis. Affirm that this case is the unit crime in which HERUNcompany’s action constitutes Crime of illegal absorbing public deposits. Part six: revelation and advice. This part does the deep thinking about thefinancial system, legal system, Social equity and justice and so on behind the illegalfund-raising cases.