Folk Financing In Our Country Criminal Law In The Form Of New Thinking

In recent years, the new form of financing in China emerge in an endless stream, along with the development of Internet and communication technology and Internet finance as the representative, with a low threshold for investment, convenient way, higher returns and the realization way flexible and other advantages, the rapid development of, become one of the economic life of our country in the most remarkable phenomenon. However, due to the legal norms and administrative supervision fails to follow up, the new form of private financing also has a great criminal law risk. Taking private equity funds and Internet financing as an example, this risk is concentrated in the following two aspects: first, the legal risk. The general public is the Internet finance financing object, so practitioners and participants are likely to hit the red line of criminal illegal fund-raising. Second is the financial risk, such as in Internet financing mode, exist the problem of asymmetric information between investors and fund-raising, fund-raising by internet name of the implementation of illegal absorbing public deposits, fund-raising fraud and other criminal activities, investors face the risk. At the same time, because of the fuzzy boundaries of private financing and illegal financing, in the judicial practice, the case handling organ to take "one size fits all" approach, illegal financing incidence rate every year upward trend. Therefore, to strengthen the new form of folk financing legal research, from the criminal and non criminal law means to regulate and guide, for improving the supervision system and effectively prevent investment risk and legal risk is of great significance.In addition to the introduction and conclusion, this paper is divided into four parts of the criminal law problems of new forms of folk financing and how to solve are discussed, the body part of about 38000 words, the main contents are as follows:The first part, the general situation of China's private financing and policy adjustment. New form of informal financing has become increasingly active, has become an important financing channels for smes. In view of the diversity of folk financing methods and constantly changing, this is divided into two parts, the traditional types of folk financing and the new form of folk financing, so that the traditional types and new forms are clear at a glance. In view of the diversity of financing methods and the regulation of the legal system of private financing, it has combed the current status of the relevant policies and regulations of private financing.The second part, the new form of private financing in our country, the risk of criminal law. On the one hand, select the typical case of private equity funds and Internet financing, from the judicial practice analysis of new forms of private financing in the financing involved in the criminal law. On the other hand, on the basis of case analysis, the new form of civil financing may be involved in the process of operation from the angle of the crime constitution.The third part, the status of the new form of private financing in our country. Through the second part of the new private financing.The morphology of criminal law in risk analysis, reflect the criminal law of the People's Republic of China in the new form of regulation of private financing exist the following problems: is a, private financing in civil and administrative legislation positioning is not clear, resulting in lack of supervision; second, criminal law the early involvement of private financing, and excessive intervention in the normal development of folk financing; third, penalty punishment from the criminal standard and the legal punishment is not uniform, contrary to the principle of suiting punishment.The fourth part, the criminal law of the new form of our country's folk financing. Illegal folk financing serious harm to the society determines the necessary by means of criminal law to regulate, but private financing of civil and commercial properties decided that the criminal law should not intervene excessively, otherwise it will hinder the efficiency and fairness of the folk financing. Aiming at the problems existing in the criminal law regulation of private financing, this system puts forward suggestions to improve the regulation system of private financing in China, and promote the healthy development of the new form of private financing.