The Applied Trend Of The Crime Of Illegal Fundraising’s Expansion And The Containment Strategies

The crime of illegal fund-raising and illegal fund-raising is a special historical product of the transition from the planned economy to the market economy era. For a long time, is influenced by both the political and economic system, combine the administrative rights and financial rights, through national legislation implementation of strict control on the financial markets. After the reform and opening up, vying for of all kinds of factors of production, as the most important factors of production in financial capital began to play a more important role, with the financial market of our country initially established, illegal fund-raising, boarded the stage of history. It can be said that from the concept of illegal fund-raising from the first day, it affects the whole society of the nerve, due to the absence of financial law system, criminal law reluctantly bear the burden of adjustment of private financing, regulation of illegal fund-raising. In the criminal code in 1997 established for the first time to the crime of illegal absorbing public deposits on behalf of illegal fund-raising crime system, then the judicial organs, administrative organs introduced a lot of explanation and guidance,objective aspect of the crime of illegal fund-raising continues to expand, illegal fund-raising judicial Luanxiang clusters, which and to "pocket crime" trend of the crime of illegal absorbing public deposits of typical, exposed the illegal fund-raising crime legislation system design flaws and judicial application of chaos.Legalization of private financing, which is the trend of criminal law on the crimeof illegal fund-raising escalating combat situation and failed to solve illegal fund-raising crime continued high incidence trend, visible illegal fund-raising management already is not a simple problem of the criminal law, behind a deeper social contradiction: on the one hand is under the control of financial thinking the state monopoly on the financing channels and strong small and medium-sized enterprise financing needs, on the other hand is the multi-level capital market has not been established, the lack of investment channels and civil surplus capital natural by profit. To solve the social problems of the need of global governance concepts and thinking, illegal fund-raising is a systematic project, involving all aspects of the reform of financial system and legal system. First, the criminal law should return to the adhering to the conservative and modest, more space to adjust for the transfer of administrative law and civil law, unless the violations serious, may not have been the case try not to fund-raising behavior into sin. Also under the guidance of restraining,according to criminal responsibility adapt principles in accordance with the behavior of social harmfulness of conviction and sentencing, can be applied to the lighter punishment not for heavier punishment, legislative trend of contract collection class information crime and less punishment. Secondly, the fund-raising behavior according to the ways of financing in different area into stocks, bonds, loans and other investment contract to represent the direct financing behavior and bank loan to represent an indirect financing behavior, and use it as starting point of criminal law in illegal fund-raising crime crime and distinction and comb. Again, we should follow the principle of a legally prescribed punishment for a specified crime is no longer the term deposits for expanding interpretation, and integration of the savings and loan from the point of view will deposit characterized as a kind of indirect financing behavior, and use it as a starting point for the crime of illegal absorbing public deposits restrictions apply, solve the problem of the crime of "pocket crime". At the same time, the definition of securities in securities law including a list of description changed to lists and a general description, to expand the meaning of the term securities, so as to better protect the direct financing investors to achieve criminal law adjustment of fund-raising behavior accurate full coverage. Finally, under the trend oflegalization of private financing, countries should also market-oriented thinking to guide the direction of financial reform, strengthen the development of multi-level capital market, expand financing channels to thoroughly solve the small and medium-sized enterprise financing and private capital investment difficult problem.