On Criminal Regulations For Illegal Fund-raising

In recent years, illegal fund-raising cases happened frequently. This kind of casesalways has a wide range and great losses. It’s easy to cause serious negative effect tosociety. The government takes a strict supervision and creates many laws to regulatethis act, such as civil law, administrative law and criminal law. And criminalregulations are most strictly. But the practice effect is not satisfactory. On the onehand, the cases still emerge in endlessly, and expand scale and number. On the otherhand, the current path of criminal regulation has many disadvantages, includingapplicable law and the social effect.On the basis of the regulations and some real cases, I take a research on illegalfund raising. I also use some methods, such as normative analysis, comparativeanalysis and empirical research methods.The thesis is divided into four parts. The first part introduces some relevantregulations and the path and characteristics of criminal law in the field of illegal fundraising. For maintaining the order of finance, criminal law takes a positiveintervention and tough sanctions. However, as a basic law, administrative rules andregulations do not fully come into play.The second part expounds the current difficulties on applying laws and the socialeffect brought by the path. Seen from the applicable law, the dividing line betweenillegal fund-raising and folk loan is not clear. The law also uses indirect financing means to tackle the problem of direct financing. The cognizance of the purpose ofillegally possession expands its meaning in judicial cases. And the provisions of the‘qualitative and quantitative’ model makes practical departments appeared "crimeamount first" in the practice. From the social effect, the effect is limited, and theassets disposition caused some negative effect.Mainly from the financial concept, civil and administrative rules and regulations,the third part advocates to establish inclusive and open financial regulatory system,and lower the standards of setting up financial institutions to leave room for legitimatefolk financing. At the same time, the government needs to establish a unifiedadministrative supervision mechanism. In addition, maintaining the interests ofinvestors is very important.The fourth part discusses how to perfect our criminal regulations. Firstly, thispart defines the nature of the financing behavior. Secondly, it carries out specificanalysis on the cognizance of the purpose of illegal possession to prevent excessivepresumption in the judicial practice.Finally, with penalty go gradually light punishment and humanism, limiting theapplication of the death penalty is a trend and the status of fine and qualification aremore and more important in penalty system of world. The compulsory application oflarge fines would be helpful in developing a major role for fines in punishingcriminals.