Research On The Limits Of Crime And Non-crime In Private Financing

In this paper,the basic concepts of Chinese folk financing are clarified with the results of domestic research,and the basic types are listed.The phenomenon of disputes in the field of private financing has been deeply analyzed.It has accurately positioned the difficulties and pain points of such cases in the current judicial practice,and clarified the importance of the research on the boundaries of punishment and people in this field.Based on the basic problems on laws and regulations on relates to the field of folk financing are summarized,in order to find out the relationship between the legal norms,find the linking problem of higher law and lower law,it points out many judicial interpretations separated from each political phenomenon.Finally,the focus of the contradiction points to the two key laws of the crime of illegal absorption of public deposits and the crime of collecting capital for fraud.In the analysis of the constitution of crime,we see that whether the behavior of folk financing is the boundary of crime is concentrated on whether the behavior is specific to the object,whether it has the purpose of illegal possession or not,it is three ways to take fraudulent means.In order to clarify the boundary between crime and non crime,this article jumped out of the regulation of traditional criminal behavior in criminal law,and put forward the idea of introducing financial rules and regulations into the system of criminal legal regulation on the basis of fully learning the relevant legal system abroad.Groundbreaking proposed limited protection mechanism of foreign financial system to determine whether specific financing behavior;to the subjective purpose of presumption of public deposits behavior using the investment risk evaluation mechanism;for investors is to perform a reasonable risk review obligation to exclude the possibility to raise people by cheating,and then determine the boundaries of crime and non clearly.