Criminal Law Analysis Of Illegal Fundraising

Illegal fund-raising means that enterprises,individuals or other organizations,without the approval of the relevant organs or the use of lawful business forms to absorb funds,the use of public propaganda means to the community not specific public to raise funds,and the commitment to repay the debt service behavior.Nowadays,there is an excessive phenomenon in the regulation of torture,which is due to the lack of private financial supervision,the influence of strict situation policy,the lack of civil law,administrative law and economic law,and the fuzziness and application of criminal law.The application of inaccurate expression in the illegal absorption of public deposits the crime of excessive expansion into a "pocket crime",for "illegal possession of the purpose" to understand the error caused the relevant charges are not properly applied.The correct application of illegal fund-raising crime,it is necessary to correctly explain the Constitution of related crimes,including: when the crime of illegally absorbing public deposits is applied,only when the perpetrator illegally absorbs deposits and uses it for the operation of monetary capital(such as issuing loans)can it be found that the constitutive element of disrupting the financial order;General illegality cannot be elevated to the "illegality",and the "not specific public" should be redefined.When applying the crime of raising funds for fraud,the purpose of "illegal possession" is correctly understood by restricting the reasons of "unable to return" and restricting the proportion of the use of funds.