Study On Criminal Law Application Of Illegal Fund-raising

In recent years, illegal fund-raising and related notifications, judicial interpretation, announcements were introduced, but cases of illegal fund-raising has become increasingly serious. The vast majority of cases of illegal fund-raising evolved from private funds, we should change the single study of the regulation of illegal fund-raising crime that only from the criminal law dimension, using a variety of relief measures to prevent the spread of illegal fund-raising behavior. The focuses of this paper are:limit the applicable expansion of criminal law by defining the elements of the crime of illegal fund-raising; through the improvement of private financial regulatory system to control illegal fund-raising behavior to occur; in addition to criminal penalties, strengthen civil and administrative responsibility for illegal fund-raising behavior.The first part reviews the concept of illegal fund-raising, illegal fund-raising type of criminal behavior and our laws on illegal fund-raising behavior specification process. From that we can see, diverse types of crime of illegal fund-raising behavior can be roughly divided into four categories debt, equity, commodity marketing, production and operation. Our country has always attached importance to the fight against illegal fund-raising crimes, intensively introduce the relevant notice, notification, approaches, and judicial interpretations, but the illegal fund-raising behavior is still widespread, with the emergence of new tricks for illegal fund-raising on the Internet in the new social environment.The second part analyzes illegal fund-raising for the defect occurred during the application of criminal law. The problems existing in expansion process of illegal fund-raising crime can be presented as follows:there is no specific distinction between illegal fund raising and private lending, only with the existence of usury behavior which is not protected by law. In other words, there lacking an illegal private financing behavior that not violating criminal law; It is noticed the existence of an objective trend for defining subjective purpose. During the identification process of the purpose "illegal possession", the judiciary is intended to consider the source of funds, the usage of funds, whether the money can be recovery and other objective factors, lacking the investigation of subjective attitudes behavior. Several reasons account for these problems:on one hand, there are no supervision and regulation of civil finance, civil law, administrative law and economic law; on the other hand, the strict policy influences can not be ignored as well.The third part:International Comparison of major international comparatives, including the comparisons of private financial regulations and criminal law application to illegal fund-raising. International private financial norms comparison introduces the complete legal and regulatory system of United States, Japan, Germany and other countries on private finance; criminal law application to illegal fund-raising comparison introduces the United States, Japan, Germany and other countries laws on illegal fund-raising provisions. By international comparison of fund-raising behavior, combined with the actual situation of private finance, we expect to explore a new path for supervision and regulation of civil finance and illegal fund-raising in our country.The fourth part discusses the suggestion for improving the application of criminal law to illegal fund-raising. Firstly, improve the private financial regulatory system. By legislation of private finance into the formal regulatory process, and set up a special supervision institution of private financial management, regulatory responsibility will fall on specific regulatory authorities. Secondly, according to the application of criminal law Modesty, we need to adjust other parts of the criminal law be placed on protection of legal relationship before the application of criminal law, should be investigated for offenses related to civil or administrative. Finally we found illegally absorbing deposits from the public crimes and difficulty raising fraud cases exist were analyzed, including the crime of illegal deposits from the public and fund-raising case, were analyzed. The identification of criminal illegal fund-raising should be strictly in accordance with relevant laws and regulations and judicial interpretation.