Research On The Difficult Problem Of Illegal Fund-raising

As China’s economic and social development and the deepening of reform and opening-up,private capital gradually,while the people in urgent need of the hands of the primitive accumulation of capital appreciation to continue,hand idle funds into the capital market,on the other hand due to the legislation of our country legal system is not yet perfect to apply to the current market the current economic situation,lead criminals to take advantage of a weak point,every kind of rush into danger through illegal means,the form of illegal fund-raising and fraud to absorb private capital,seriously disrupting the order of financial management in china.Especially in recent years,illegal fund-raising behavior has shown a marked growth trend,since 2007,illegal fund-raising cases to about 2000 each year,the amount of funds raised about 20 billion of the scale of rapid growth.In 2011,criminal activities of illegal fund-raising were particularly serious.More than 1600 cases of illegal fund-raising in China were filed,involving 20 billion yuan.The state has intensified its crackdown on illegal fund-raising activities,and the state has issued a series of laws and regulations to regulate nongovernmental fund-raising activities.The penalties for illegal fund-raising crimes are up to the death penalty.However,in reality,not only illegal fund-raising crime in developed areas is becoming more and more serious,but also small and medium-sized cities frequently occur.The crime of illegal fund-raising activities,greatly undermined the normal order of the market economy,a serious violation of the state and people’s property interests,not only caused social unrest,and draw further apart for building a harmonious society in China the concept of.In judicial practice,the crime of illegally absorbing public deposits,financial fraud,fraudulent issuance of stocks and bonds and the crime of issuing stock corporate bonds of sin of these four kinds of illegal fund-raising crime in crime,this is also a series of problems in recent years by academic research many important issues,especially the conviction and sentencing in judicial practice is more complicated and important problem.This paper takes Chaoyang City region as a sample of cases of illegal fund-raising,by analyzing the common features of the illegal fund-raising cases,the existing criminal law,economics theory as the foundation,I summarized the regional characteristics in Chaoyang Region of illegal fund-raising cases,this kind of crime further effective governance put forward opinions,hope difficult attention characteristics and the process can help in the case in the judicial practice and the judicial organ about the crime of illegal fund-raising in the harm effective control of the case,to minimize the loss of the victims of the masses.At the same time,let the people know the criminals the usual means,improve safety awareness,avoid risks,not the interests of the illusion of temptation,do not give criminals an opportunity,maintain the market economic order and the national financial order and stability.