Research On The Crime Of Illegal Fund-raising In Private Enterprises

The criminal cases of illegal fund raising have frequently taken place in our country in recent years, which causes the people's deep concern. With the global financial crisis intensified and spread, there has been a large number of "Closing down tide" on the private enterprises in our country. These enterprises are difficult to obtain funds and maintain the enterprise's survival by using the existing financial system. They have to find their own means of livelihood and turn to private financing, which can easily lead to illegal fund raising. Currently the policy of "intercept" has been carried out for the financing of private enterprises in our country, and the route of "strike hard" has been used for the crime of illegal fund-raising on criminal justice. It is inclined to crime for the fuzzy standard case of crime rather than non penalization.Based on the above considerations, the author in this paper begins firstly from the summary of crime of illegal fund-raising. On the basis of the analysis including the concept, the legislative evolution and the crime system of the crime of illegal fund-raising, the present situation, the cause of formation and the characteristics of the crime of illegal fund-raising on the private enterprises has been researched and analyzed. Then the author put forward personal views on the issue of judicial identified in crime and non crime or each crime of the crime of illegal fund-raising for the private enterprises. At last in order to deal with the illegal fund-raising crime of private enterprises, this paper puts forward specific opinions and suggestions through the reform of the financial system, strengthening social prevention and control by government and strengthening internal management of private enterprises under the guidance of improving the relevant legislation and demarcating the boundry of criminal and civil. The general idea of this paper is not only analyzed the crime of illegal fund-raising of private enterprises in theory, but also concerned about the specific operations of such cases in two aspects of the legislative and judicial, which strove to achieve the organism combination of theory and practice.This paper is divided into two parts with the introduction and the main body. The introduction mainly describes the research background, research purpose and significance, research status at home and abroad, research content and research methods.The main body is divided into four chapters. The first chapter is "The Summary of the Crime of Illegal Fund-Raising". According to the definition and characteristics of illegal fund-raising, the analysis of fund-raising and illegal fund-raising and the concept and characteristics of the crime of illegal fund-raising, it would be better understanding the relevant basic theoretical knowledge of the crime of illegal fund-raising of private enterprises.The second chapter is "The Current Situation, Cause of Formation and Characteristics of the Crime of Illegal Fund-Raising of Private Enterprises". Combined with survey data, it is analyzed the situation of the illegal fund-raising crime of private enterprises, further expounded the reason of system, legal, market and government of the crime of illegal fund-raising of private enterprises, analyzed the characteristics of the crime of illegal fund-raising of private enterprises from the different angle, which can be better understanding the background, peculiarity and the development trend of the crime of illegal fund-raising of private enterprises in China. Chapter three is "The Judicial Identification of Illegal Fund-Raising Crime of Private Enterprises". This chapter using comparative research methods discussed illegal fund-raising crime and legal funding of private enterprises, the boundaries of private lending and legitimate business, the distinction between the crime and non crime of illegal fund-raising in private enterprises, which decreases the private enterprises financing crime and avoids the occurrence of miscarriages of justice. In addition, this chapter also analyzes four accusations of the crime of illegal fund-raising of the private enterprises. The fourth chapter is "The Countermeasures of the Crime of Illegal Fund-Raising Problems of Private Enterprise". This chapter puts forward the targeted measures to deal with the crime of illegal fund-raising in private enterprises through a legal perspective, financial institution, the angle of the government function and business management angle.