Under the legalization of private financing trend,in the judicial application of the two non qualitative case is not accurate,disorder of the applicable law,constitutes a crime,elements of interpretation is not uniform were severely impair the legal dignity and hinder the folk financial development,especially inhibiting the activity of financial innovation.Facing the private financing securities loan demand continues to intensify and imperfect legal system,the financial system is not perfect,the application of the law contradiction is not accurate,should face up to the advantages of financial tools innovation,Based on the specific social background,legislative background,judicial background of current Chinese illegal fund-raising,combined with illegal fund-raising category of crime trends,clarify the different theories for the crime of illegal fund-raising class boundary points,in order to realize the accurate grasp to crime during the transition period of illegal fund-raising crime and accurate boundary of the crime of illegal absorbing public deposits relationship,constitutive elements of the crime of illegal absorbing public deposits,"the purpose of illegal possession" of the relevant category of judgment is crucial in the identification of the fundraising fraud,and finally construct the multi-dimensional,multi-level,system of legal supervision system and financial management system. |