Improvement Of Criminal Law Regulation In The Field Of Equity Crowd Financing

"Internet + equity stake in the raise is" a new financing way,with the rapid development of Internet in recent years,all the raise equity through the Internet platform to realize the large-scale financing.Because starts late in our country,however,the lack of related rules and regulations,the market there are potentially illegal fund-raising crime types,the serious influence the development of the industry.Therefore,we should earnestly implement the illegal fund-raising "refers to" the criteria for recognition of equity in the field of the raise of illegal fund-raising should be strict supervision and punishment,minimize the risk of criminal.At the same time,all the raise equity as a sunrise industry,the development trend of sharp unstoppable,supervision and punishment of blindly will lead to its new financing way in infancy in the bud.The existence of the legal risk of equity crowdfunding is the result of incomplete legal system in China.As a result,it is more important to face up to the criminal legal regulatory loopholes that exist in the equity market.To this end,while strictly analyzing the legal risks of equity crowdfunding,we should aim to make up for the existing legal loopholes.We will improve criminal legislation by adding new crimes and adding new legislation.At the same time,in the case of perfect criminal legislation is difficult to happen overnight,in the process of judicial application to refer to both the constitutive requirements of crime,relax the stake to raise the standard of convicted and punished.The development of the industry is regulated by legislation and judicial system.This article through to the equity on the basis of analysis on the raise of combining ant operation instance of guest,conformity raised platform,the perspective of the issuer,the components of the existing economic criminal charges,according to characteristics of this kind of new financing behavior at the same time,the whole process is analyzed on the existing legal risk.The reason for this is that equity crowdfunding is so risky that it is the most important part of the legal system in our country.Thus,to achieve the healthy development of the legal of the equity and the raise,China's existing legal system in this field,at the same time learn from the American JOBS act,proposed under the new situation of criminal legislation and judicial Suggestions.