| Illegal fund-raising crime is a typical kind of crowd-involved economic crime. Since illegalfund-raising crimes, highly elusive and destructive, usually involve large population and huge amount, theyhave brought about severe threats to the national finance administrative order and the property of masses.In recent years, illegal fund-raising crimes are facing severer situation: the number of relevant major caseshas always been staying at a high level in Zhejiang, Shanghai, Guangdong, Hunan and other areas. Merelywithin the range of a district, one of the five districts of Foshan city, Guangdong province,13illegalfund-raising cases have burst out one after another since2010, totally involving an amount of over300million. Behind illegal fund-raising cases, there hide illness of financial systems, flaws of laws andregulations, enormous wealth loss suffered by countless masses, and imminent outbreak of marketeconomic system disorder and unstable social factors. Since1996, our country has issued nearly10judicialexplanative and normative documents, such as About Explanations on Several Problems about SpecificLaw Application in Judging Fraud Cases and Measures to Ban Illegal Financial Institutions and FinancialActivities, to combat against and normalize illegal fund-raising crimes. In judicial circle, the research ontreatment of illegal fund-raising crime has become one of the hottest topics at present.This master’s dissertation sets the series of illegal fund-raising crime cases, which the districtprocuratorate has investigated and handled over past years, as the research object; chooses relevant criminallaws, economics theories and materials obtained via field visits as a basis; takes previous scholars’ researchachievements and author’s working experience in judicial practice into consideration. After an analysis oncommon attribute shared by national illegal fund-raising crimes and individual attribute of illegalfund-raising crimes in a district, and comprehensive surveys on current situation, features and treatmentconditions of illegal fund-raising crimes, the author puts forward his own opinions toward further effectivetreatment measures on such type of crimes.Whole dissertation consists of four parts:The first part is about a brief introduction of illegal fund-raising crimes. Firstly, the concept of “illegalfund-raising” is specified. Through analyzing those law documents related to illegal fund-raising that ournation has issued over the years, the obscure-clear conversion process that the concept of illegalfund-raising has experienced is reviewed. Current conditions of illegal fund-raising crimes both in nationand in a district are listed, and based on detailed data and cases, recent severe situation of illegalfund-raising crimes is revealed. Effective treatment on such type of economic crimes is a major topic incriminal lay theory and practice circle currently, and will maintain for a long period in the future.The second part is about features and types of illegal fund-raising crimes. Current legislative situationof China’s criminal law against illegal fund-raising crimes is demonstrated. Four accusations that illegalfund-raising crimes involve are introduced in brief. From the prospective of “sub-crime”,“non-crime”,“this-crime” and “that-crime”, priority is given for illegal fund-raising crime to compare with legalfund-raising crime and private lending; two of the most common crimes in judicial practice are chosen– fund-raising fraud crime and illegal public deposits absorption crime. Key components of above two crimesare dissected and clarified, so as to make illegal fund-raising crime deeper understood. Taking the crimemeans preferred by actor as a cutting point, four universal basic features of illegal fund-raising crime aresummarized–disguising with legal form, baiting with high interests, false pretenses being set as carrier,and covering with long incubation period. Since this paper is based on relevant cases in a district,Guangdong, local social and economic facts are combined into consideration. Therefore, regional featuresthat illegal fund-raising crime presents in a district are concluded, such as “victim group being special,criminal organizations starting pyramid sales, protruding phenomenon of never committing crime in sameplace”.The third part is about major reasons for high frequency of illegal fund-raising crimes. Profoundreasons behind high frequency of illegal fund-raising crimes are dissected in five aspects–economicdevelopment, financial system, historic factor, social environment and actor psychology. Empiricalexamples are listed to certify that the financing difficulty facing medium and small enterprises is the largestsource of high frequency of illegal fund-raising crimes. Through analyzing the mental motive of both actorand victim, it is appealed to pay more attention to the special mental conditions of middle-aged and elderlypeople; it is wished that public media shall shoulder social responsibility, respect historic opinions ofpeople that have naturally risen during the process of market economic development, and face up to thosesystem flaws that truly exist in each level of judicial organizations and other supervision departments.The forth part is about difficulties facing treatment of illegal fund-raising crimes. Difficulties are setforth that exists in several links, including investigation, inspection, prosecution and judgment, offund-raising crimes treatment. For instance, investigative organs are facing various kinds of actualresistance in clue excavation, evidence collection, long-distance investigation, illicit money recovery andother aspects. Analysis is mainly conducted on the problem that flaws, which exist in Article4, the supremelaw About Explanations on Several Problems about Specific Law Application in Judging IllegalFund-raising Criminal Cases, make it difficult to judge whether actor is “for purpose of illegal possession”or not. Phenomenon and reasons are explored and analyzed of some frustrating facts, including huge gapbetween judged amount on illegal fund-raising crime and actual loss, difficulty in classifying differentlevels of criminals involved in illegal fund-raising crimes, delayed penalty measurement againstfund-raising crimes in a district and so on.The fifth part is about policies on treatment of illegal fund-raising crimes. In order to preciously targetcrime causes, systematic and all-round suggestions are put forward in three aspects–economic systemreform, scientific establishment of criminal law regulations against illegal fund-raising crimes, andperfection of social “comprehensive treatment” prevention-control system. It is emphasized that essentialmeasures to treat crimes are solving the crux of the fund supply-demand imbalance in financial market andthose financing difficulties facing medium, small and micro enterprises. With the fact that “tracing seasonvia result” brings about “difficult judgment on whether for purpose of illegal possession” being combined,it is proposed to set “behavior pattern” standard for the judgment on “whether for purpose of illegal possession”. Standpoint and reasons are demonstrated for supporting abolition of death penalty, which isjudged due to economic crime. It is proposed that on premise that differentiation difficulty betweenfund-raising fraud crime and illegal public deposits absorption crime is caused due to the difficulty ofsubjective judgment, a suitable increase of the extent of statutory penalty measurement toward illegalpublic deposits absorption crime is helpful for the fighting and punishment of crime behaviors. It isadvocated that treatment works shall follow the way of “prevention first, strike and supervision equallyimportant”. Treatment effect shall be improved via establishment of rules and systems, injustice shall berealized, and interests of the people shall be defended. |
PDF Full Text Request