Research On The Substantive Problem Of Interlocked Penal And Civil Issue In The Case Of Illegal Fund-raising

The case of illegal fund-raising is a type of cases which has been sustained high and frequent occurrences in recent years.It has characteristics,such as with a wide range,many people involved in,involved huge amount of money,and so on.The disposal work is highly valued by the central government and judicial administrative departments at all levels.As an important form of crimes in the economic penal field,the illegal fund-raising is an important area of the reflection of interlocked penal and civil issue.The research on the substantive problem determines the direction of the research of interlocked penal and civil issue.The identification of illegal fund-raising,the identification of illegal possession purpose and the civil contract effectiveness connected with the illegal fund-raising are the main reflections of substantive problems of interlocked penal and civil issue.The determination of the crime of illegal fund-raising is the main problem in the study on the theory of illegality.The determination of illegal possession and the civil contract effectiveness are the main points of the theory of responsibility.While the differences and connections of relief means,range and the res judicata are the main research points of the theory of interlocked penal and civil relief.Illegality,publicity,sociality and profitability are the main features of the crime of illegal fund-raising,in which the illegality and sociality are the basic standards of the unlawful judgment of illegal fund-raising crime and the essence of illegal fund-raising crime.The policy plays an important role in the determination of illegal fund-raising which is also the key factor in determining the nature of the case,and in a certain extent determines the scope of penal illegality and civil illegality.The theory of the responsibility includes two parts:the responsibility and the liability.The core issue of responsibility judgment is the determination of the purpose of illegal possession,and we should reflect on the provisions of the relevant normative documents and the logic of the judicial case.In terms of liability,there are many differences and links between penal law and civil law.The civil contract effectiveness in the illegal fund-raising is not necessarily invalid.Civil judgments are usually not binding on criminal judgments,while criminal judgments are binding on civil judgments.Different decision also determines the difference between relief and scope.The implementation of the substantial problem of interlocked penal and civil issue requires the protection by relevant procedures.The exploration of a more diversified procedural model is the way to resolve the current judicial difficulties.The modernization of administration system and capability of illegal fund-raising are the inevitable choice for China's current coping with illegal financing.In summary,the research path of this paper is as followed:Firstly,the preface simply clarifies the background knowledge,the distribution law,the characteristics and the judicial processing mode of illegal fund-raising cases.Thus the issue point and the disposal of illegal fund-raising cases are summarized.And clarify the significance of research on the substantive problem of interlocked penal and civil issue in the case of illegal fund-raising and the shortcomings of existing research.Then point out the aspects which need improvement and show the research methods being used in this paper.Secondly,in the first part of this paper,we focus on the general theory of interlocked penal and civil issue,including the concept of the interlocked penal and civil issue,the scope of the study,the reflection in the illegal fund-raising cases and the analysis methods.Thirdly,in the second part of this article,we focus on the theory of illegality,mainly including the composition of illegal fund-raising criminal behavior,the essential characteristics of illegal fund-raising criminal behavior,the specific identification criteria of illegal fund-raising criminal behavior,and justifiable cause in the illegal fund-raising case.Fourthly,the third part of this paper focuses on the responsibility theory of the substantive of interlocked penal and civil issue in the illegal fund-raising cases,including the identification of illegal possession purpose,the form of liability in illegal fund-raising and the effectiveness of the civil contract in the case of illegal fund-raising.It is clear that responsibility,referred to in this part,includes two aspects:responsibility and liability.And the responsibility part mainly focuses on the illegal possession purpose recognition,which is the core issue in illegal fund-raising case.While the intention and negligence are discussed in the liability form problems in the illegal fund-raising cases.Finally,the fourth part of this paper focuses on the relief theory of interlocked penal and civil issue in the illegal fund-raising cases,including the difference and connection between penal and civil law by the scope,the path and the procedure.It also analyses the specific remedies and judge commuted,revocation and disposal problems.In addition,the fifth part of this paper also studied on the solving path problem,which includes solution ideas and specific solutions.