Crowdfunding’s Criminal Legal Risk And It’s Countermeasures

Crowdfunding model as a network rookie in China in order to solve the difficult problem of financing which provides a new and effective way.As an up-and-coming means of the network pattern of financing, Crowdfunding is becoming increasingly fierce in China and provides a new type of effective channel to solve the difficulty of the financing of small and medium-sized enterprises.It includes some patterns like rewarding,donation, borrowing and so on. The rewarding carries out in a “pre-sale plus group purchasing” pattern in our country and the donation is a non-profit charitable act. The paper mainly studies the equity and loan crowdfunding which have the financial functions and features. These two kinds of financing modes in the practical operation, provides a new way of financing for small and micro enterprises and start-ups, and reducing the financing threshold, but it also brings the risk of criminal legal. Crowdfunding has three subjects: sponsor, platform and investor. The three participants are not only involved in the criminal legal risk,but also are the taker-on of the risk of criminal law. The initiator of the project and crowdfunding platform can be easily involved in illegal fund-raising.However, investors generally are not specific public, but the victims of illegal fund-raising and are also possible involved in money laundering by the congregation platform. The existence of the risk not only restrict the development plan, but also affect the healthy development of the financial Internet. Therefore, this paper aims to analyze the mode of crowdfunding and its risk in our country, thinking the key reason which raises financing criminal legal risk in the economic market of China is itself, including the lack of supervision, the lag of financial supervision, unreasonable supervision to the law and so on. Thus, putting forward to consummating the financing subject, Clearing regulatory subject, working out industry regulation and raising the suggestion that industry regulation should be connected with criminal supervision. It is important to establish the supervision of crowdfunding and reduce the risk of criminal law. In this way, it can develop orderly and healthily in china.