The Perfection Of The Legislation Of Illegal Fund-raising

Our country has begun to penalize illegal fund-raising crime for a long time,especially with the advent of the Internet era,Internet banking brings social prosperity,rich financing channels.But at the same time,it also brought a serious problem of illegal fund-raising crime.In order to curb the crime of illegal fund-raising,China's legislature has introduced a lot of laws,such as" "Private equity public financing management approach(Trial)","Securities Law(Revised Draft)"and so on.However,there is a strong contrast between the anticipated crime and the phenomenon of illegal fund-raising crime in society now.Through the retrieval of Chinese judicial documents,it was found that the crime of illegal fund-raising began to appear from 2013.The total number of cases in the country has reached 228.It peaked in 2016,it has reached 2046,and it shows a clear trend of increasing year by year.China's criminal law needs to change the existing legislative model to deal with the reality of judicial demand timely.The current criminal law is a strong defender of the socialist market economic order.It should adhere to the principle of modesty,and at the same time,it should play its role on striking illegal fund-raising behavior.On the basis of the existing legislation of our country,we should define the legal definition and characteristics of the illegal fund-raising behavior,and the common behavior means of the illegal fund-raising,in order to analyze the two typical and illegal fund-raising behavior,the public deposit crime and crime of fund raising fraud.On this basis,in order to achieve the purpose of theoretical research and judicial practice.The author will focus on the judicial practice,analyze the judicial practice of illegal fund-raising behavior in the process of judicial identification problems.This includes the judicial intervention of private lending cases,the dilemma of the criminal and civil cross in the case of private lending,the standard of judicial cognizance of the crime of illegal fund-raising,as well as the problems of property and jurisdiction.And then to find the criminal legislation problems of illegal fund-raising crime in our country.Through the analysis,we find that there are some problems about the system level and the concept level.Through combing the phenomenon and legislative responding model of illegal fund-raising crime in our country,and the reflection based on practical plight,it will propose some targeted change measures.This includes the transform of criminal legislative model,updated concept and other levels,in order to achieve well effect of striking illegal fund-raising crime.