On Several Issues Of Identifying Illegal Financing Crimes

Over the past few years,with the illegal financing cases happening increasingly, the Criminal Law becomes more and more restricted on those cases. The emergence of this phenomenon is because of two reasons. One is the restriction for financing for small and medium-sized private enterprises.The other one is the blur of definitions for Illegal Financing and Folk debit and Credit,and illegal collection of personal savings deposits and crime of fraud in financial collection. The purpose of the paper is to define Illegal Financing and Folk debit and Credit via the articles of law and judicial interpretation, review the current arguments in the theory field and propose a new point of view. Premising the complication of revision of laws, the paper attempts to demarcate between crime and non-crime and which crime it is by the principle of "being modest" in criminal law.The methods of this paper include normative analysis and cases analysis. The paper collects and consults lots of papers in this field, and arranges the focuses of the arguments in the theory field. The arguments are include many problems, for example,the problems which are the definitions of “the public”、“the nature of collection”、“the disruption of financial order”, the definitions of the purpose of illegal possession in the article “illegal collection of personal savings deposits”, and so on. Base on that, the paper claims the classification between crime and non-crime in “illegal collection of personal savings deposits”.The author argues that we should insist on the principle of being modest in the criminal law, because two reasons can be proposed. One is the victims of illegal financing themselves should take responsibility of the risk which caused by their fault. Another one is to broaden the way of fund-raising and provide convenience for the development of private enterprise. Therefore,we should clearly define the characteristic of illegal collection of personal savings deposits and crime of fraud in financial collection,in the judicial practice, to leave the legal space for folk debit and credit.nal savings deposits.