The Illegal Fund-raising Crime

In recent years, especially after the global economic crisis of 2008, illegal fund-raising activities incline to occur more frequently and seriously as the result of capital chain breaking during the process of private lending or illegal fund-raising. The illegal fund-raising crime shall be allocated to the type of crime which has a large he number of people get involved and could incur severe damages or cause adverse effect to the stability of financial system. Under such circumstance as aforementioned, it is necessary to deeply analyze the feature and cause of illegal fund-raising and reveal the mysterious covering upon this crime, which may create a significant influence on resolving illegal fund-raising crime and provide a theoretical direction thereto.The illegal fund-raising crime consist of many individual crimes which including without limitation of, issuing stock, bond of enterprise without approval of the PBOC, illegally collect the public deposit without approval of competent authority, fraudulent fund-raising, etc. This article is aim at conducting the plain research on the illegal fund-raising crime from the following four aspects.The first chapter is to summarizing the concept and behavior characteristics of illegal fund-raising crime and analyzing the current condition and cause thereof. Obviously, the illegal fund-raising crime could not be incurred by singular factor, so only by conducting the comprehensive analysis to its connotation and behavior characteristics with reference to current financial institution and statutory stipulation could they precisely describe the current illegal fund-raising which has become worsen in recent years.The second chapter is mainly discussing how to recognize illegal fund-raising crime in process of legal practices, including the way to recognize criminal object component, objective component and subjective component. The author put the focus on the difficult and key point which may frequently create ambiguous meaning, trying to establish a framework through which people may decide if a behavior shall be deemed as illegal fund-raising crime and further analyzing the connotation of such crime in the same time.The third chapter is about identifying the bounds between the illegal fund-raising crime and other crimes and making a distinction between individual crimes which are part of the crime thereof. In real practices, the problem of how to highlight the distinction between different crimes are always come along with occurrence of illegal fund-raising crime, it is reasonable to believe the study thereof shall contains significant meaning.The fourth chapter is mainly discuss about the criminal and social policies toward illegal fund-raising crime, focusing on how to deepen the informal financial reform and reorganize the policies toward illegal fund-raising crime under the criminal policy combining punishment with leniency. China is going through a special phase, both of its society and economic are in transition, in such circumstance as aforementioned, the monotonous criminal law is unable to make the current situation which is becoming more severe under control, only take suitable social polices as a complement to criminal policies combining punishment and with leniency could we find a way out of the current dilemma.