The Criminal Investigation Of Private Finance

In the background of encouraging financial innovation, giving the folk financing activities more living space becomes social consensus, folk financing activities are identified as illegal fund-raising crime, small and medium-sized enterprises with normal financing needs survive in the cracks and the society calls the legitimacy of folk financing activities, the concept of criminal legislation should make corresponding adjustment. The rapid development of the Internet finance industry urges us to re-examine the folk financing crime criminal law system, updating the interpretation of “illegality, sociality, openness, profitability” feature.This article is probing into the folk financing criminal law system under the background, and in the practice, illegal financing activities can be roughly divided into illegal fund-raising activities and illegal lending activities. This paper mainly discusses the illegal fund-raising activities of criminal law, and study the legislative and judicial application level according to the ideas of proposed, analysis, problem-solving. Paper includes the following three parts:The first part is the analysis of folk financing crime criminal law system, and this part mainly focuses on the legislation system, from the necessity of the criminal law regulating limit according to the existing regulation system in our country and reflection. The criminal legislation concept of folk financing in our country focuses on the abstraction of financial management order and maintenance of financial deviate from the tolerance of our criminal law, and the breadth is too wide. At the same time, The regulation mode problems such as chaos, the penalty is too harsh are too much. The criminal law should adhere to the principle of restraining principle of the criminal law and intervene the finance field prudently.The second part extends from the legislation system to the field of judicial application, under the guidance of the concept of financial safety, The application of the criminal law reaches to sector which should be supervised by the administrative regulation of the financial sector. In the judicial practice the criminal law blindly expands its scope of punishment. Vagueness of the legislation also makes problems in the judicial application, we should insist on the judicial application of criminal cognizance and criminal procedure preference case handling mechanism. The administrative identify is not the prepositional procedure, but it can be reference for the criminal cognizance on the professional judgment. The cognizance of illegal no particular object should be the relation between the fund-raiser and the fund-provided and the social radiation, “word of mouth” belongs to the way of publicity, the cognizance of “openness” needs to be based on the principle of consistent subjective and objective concrete determination. “Illegal” and “inducement” corresponding to the financing of the P2 P area is involved in the identification of nature of the “pool” and “providing a guaranteed income service”.The third part from the legislative level and judicial application level provides detailed suggestions, legislative concept is adjusted for balancing financial safety and financial efficiency, regulation model explains bond meaning in essence and expands the application of “do STH without authorization to issue shares, company, enterprise bonds of sin” charge, improving the sin standards, narrowing the crime ring, establishing “tempering justice with mercy” criminal law regulation system; In the judicial application level,perfect the cognizance of “social factors”, the range of the P2 P financing environment, The service option pool of funds is legal, the explanation of the illegal pool should be narrowed.In the financial sector dominated by the market mechanism, the application of the criminal law should be narrowed to maintain the reasonable regulation of criminal law guided by the concept of financial efficiency and financial security.