Study On The Criminal Regulation Of Illegal Fund-raising Activities

Illegal fund-raising refers to a kind of act that without the approval of relevant departments to raise funds from the public. It including the behaviors that only violate the administrative rules and regulations, and the behaviors that violate the criminal law, like illegal absorb public deposits, fund-raising fraud and so on. Whether a particular behavior belongs to the illegal fund-raising, we should see if it has the features of sociality and openness first, then we should see if it has illegality and luring. Sociality could get the information from the investors'investment experience, ability to analyze and wealth. The publicity is not a necessary condition for the openness characteristics of the illegal fund-raising, have, then must have openness; not, is not necessarily have no openness. The existing criminal law have seven charges that involves illegal fund-raising.And the legislative intent of the illegal absorb public deposits is specifically regulate the act that engaged in banking business.It is a special charge. However, the regulation of this charge in our current criminal law is too simple, so that produce a lot of misunderstanding to this crime's constitutive requirements, and the practical departments even see it as a basic charges of illegal fund-raising. This kind of practice mistakenly expand the applicable scope of the crime of illegal absorb public deposits, it may also kill a large number of normal folk financing activities.Therefore, we should perfect the components of the crime of illegal absorb public, clear its purpose that engage the management of capital and currency.In the same time, for the atypical illegal financing, first we should be reasonable to distinguish illegal fund-raising and legitimate folk financing, adheres to the principle of tolerance of criminal law, and then set up an independent crime of illegal fund-raising. Finally, in the aspect of punishment, I think the punishment of the illegal fund-raising is too harsh, because the death penalty and the imprisonment penalty are used frequently in the judicial practice.In today's world, the mitigation and humanitarian punishment is the development trend of penalty. We should also keep up with the trend of the penalty's historical development, abolish the death penalty in fund-raising fraud and prescribe some non-confinement penalty for illegal fund-raising crime, like control, property punishment, qualification punishment and so on.