Research On The Current Situation And Prevention Mechanism Of Illegal Fund-raising Crime

In recent years,with China’s sustained and rapid economic development,the scale of small and medium-sized enterprises and the number is increasing year by year, and the lack of funds is an important factor restricting the expansion of small and medium-sized enterprises,at the same time,because China’s financial system is not perfect, these small and medium-sized enterprises are often difficult to obtain the necessary funds for the development of enterprises from state at the bank, these enterprises in order to obtain funds, often need to resort to private capital. In order to obtain more private capital investment, enterprises often offer several times more than the bank’s interest as compensation. The activity of private capital has alleviated the shortage of funds for the development of small and medium-sized enterprises to a certain extent. But at the same time,the phenomenon of illegal fund-raising has become increasingly prominent,and has aroused great concern in society. The most common is the crime of illegal fund-raising illegal deposits from the public and financial fraud two types, no matter what kind of crime, the end result is the result of people’s legitimate rights and interests of direct damage, a lot of people life savings so people cast to the wind, hit the illegal fund-raising more and more. The growing crime of illegal fund-raising has seriously disrupted the normal operation of China’s financial order,intensified social conflicts and hindered the healthy development of our country’s economy and society. In recent years, with the national emphasis on illegal fund-raising crime increasing crackdown on illegal fund-raising crime is also growing,especially in the criminal law has promulgated a series of laws and regulations, has been basically formed a relatively complete legal system to combat illegal fund-raising crime. However,due to China’s current economic,political,people’s interest in thinking and illegal fund-raising crime, concealment,diversity and other factors, resulting in combat effectiveness is not satisfactory. It is necessary for the whole society to make joint efforts to fundamentally reverse the current trend of the crime of illegal fund-raising.In recent years, especially since the national peasant held in Nanyang in 2012, along with the rapid economic development of Nanyang, Nanyang, the crime of illegal fund-raising is gradually showing high momentum, the crime of illegal fund-raising cases increased year by year, summary occurred in recent years, the crime of illegal fund-raising case, its characteristics is significant: the value of more and more, more and more victims, criminal means more subtle, more serious consequences. Based in the Nanyang area of Nanyang City, New Industrial Co., illegal fund-raising case introduction and Analysis on 2016, according to Nanyang City prosecutors investigating the criminal cases of illegal fund-raising related cases and data, the concept of illegal fund-raising crime characteristics, status, characteristics, harm. Study the origin, development trends,and puts forward some suggestions and opinions.This paper is divided into five parts. The first part introduces the background of this article by introducing the illegal fund-raising case of Daxin Industry Co., Ltd. of Nanyang City, which has been greatly affected in Nanyang this year.The second part is based on the introduction of the case,focusing on the new Industrial Co., Ltd. legal representative Bi Moumou whether it constitutes a crime, what constitutes a crime, the distinction between argument borrowing and illegal fund-raising as well as the concept and characteristics of the crime of illegal absorption of public deposits and the implication of the crime of fraudulent fund-raising meaning, both a difference between important factor analysis elements and each other, summarizes the system of crime of illegal fund-raising,and through the analysis of the crime of illegal fund-raising of the new industrial limited company control, expounds the views on the case of qualitative.The third part, mainly through the recent years of illegal fund-raising case data of Nanyang procuratorial organs and the summary of such cases, discusses the current situation and characteristics of illegal fund-raising crime in Nanyang. At the same time,it analyzes and summarizes the harm and causes of illegal fund-raising crime, and illustrates the seriousness and urgency of illegal fund-raising crime. Finally, it summarizes the current development trend of illegal fund-raising crime, and points out its new changes at the present stage.The fourth part of China’s criminal legislation to combat illegal fund-raising were summarized, which can be divided into exploration, establishment and improvement of three stages, and expounds the three phases of their legislation, at the same time through the cases of illegal fund-raising for Nanyang procuratorial organs to carry on the analysis,summed up the current judicial organs for several difficulties in the case of illegal fund-raising.The fifth part of our country at present the crime of illegal fund-raising intensified the trend, combined with the analysis of the crime of illegal fund-raising meaning,characteristics, causes and harm etc., is put forward to build the prevention and combating illegal fund-raising crime from the institutional mechanisms to accelerate the development and perfection of relevant laws, improve the financial system, strengthen publicity and education and supervision the mechanism, intensify the crackdown in four aspects and puts forward the specific methods.Finally, make a systematic summary of the crime prevention and punishment of illegal fund-raising,and talk about the author’s understanding of this paper.