The Research Of Illegal Fund-raising Crime

Compared with most of the ancient crimes,the history of illegal fund-raising crime is very short.Until 1995,With the promulgation of the Commercial Bank Law,the legal term for illegal fund raising was first introduced.The crime of illegal fund-raising in our country was once a stranger crime,especially the crime of illegal pooling of public deposits Very strange to many people,but in recent years,with the development of society,financial innovation,management of personal money;and the online finance,private lending from the original mainly in underground and small area to carry out gradually developed into open,scale,with the help of new means of communication,the ways of raise funds become more and more diversify,There has been an increasing number of fund-raising fraud and illegal pooling of public deposits.This type of crime is often involved in a huge amount,the number of people involved,the complexity of the case,there are many disputes in judicial practice.This article mainly from the crime of illegal deposits from the public and the two charges of fraud as a starting point,from the perspective of judicial practice for illegal fund-raising common problems and main points of controversy in the study of crime in judicial practice.The basic situation of the first chapter of this article mainly introduces the present situation of China's illegal fund-raising crime,including the definition of the crime of illegal fund-raising,the charges involved as well as the present situation of the crime of illegal fund-raising case and the features of illegal fund-raising crimes,by comparison,comparison between the United States and Japan in relating to the crime of illegal fund-raising problems of the judicial practice experience and practice,through on the background of the crime of illegal fund-raising for the crime of illegal fund-raising and clearly present the general situation.The second chapter is from the perspective of a crime for the crime of illegal fund-raising,this chapter uses the traditional "four elements",from the four aspects of subject of crime,subjective aspect and objective aspect of crime,object of crime,combined with the view of judicial practice,the analysis,clearly illegal problems in class based on the theory of the crime of fund-raising.The third chapter is the core part of this paper,including four aspects of illegal fund-raising in judicial application,these four aspects,including the common problems in judicial practice and the main points of controversy,also including some less discussed or mentioned,but judicial practice closely the problem,in recent years,this chapter will also discuss about the new problem about P2 P financial which is closely related and difficult to distinguish,through the combination of theory and practice,to analyze the related problems.On the basis of the third chapter,the fourth chapter discusses the illegal fund-raising crime procedural problems in judicial practice,compared with the theoretical problem,procedural problems in raising funds illegally type of crime,attention degree is not high,so did not cause people to pay attention to some important problem,this chapter will for such criminal procedural several big problems are studied.The fourth chapter,on the basis of the previous four chapters,puts forward some suggestions and suggestions on the prevention of illegal fund-raising crime.First of all,there are many reasons for the existing problems of judicial practice of illegal fund-raising crime,such as the accusation itself and the problems in the concrete practice.Secondly,the prevention of illegal fund-raising crime can not only rely on criminal means,but should be integrated with a variety of means.Criminal law can only be used as the final remedy,and can not completely eliminate illegal fund-raising.Finally,in view of the current judicial status quo,the author suggests that the crime of illegal fund-raising should be set up separately,to avoid there are many overlapping charges,which are difficult to distinguish and lead to many difficulties in judicial practice.In the face of change rapidly the crime of illegal fund-raising,for the purposes of judicial workers is a new challenge,in many cases,Judicial practice goes before legislation,improve the degree of attention to the crime of illegal fund-raising,contribute to a more in-depth understanding of this kind of crime,but also for the future of the circles of theory and practice to provide a reference for the research of this kind of crime and judicial practice,and improve the understanding for this kind of crime,to avoid falling into the mire of illegal fund-raising.