Research On Criminal And Civil Border And Legal Governance In Private Fund Raising Cases

The private capital is an important means of financing for private enterprises in China,but the civil borrowing of the public is easy to become illegal.This article discusses the development of China's private fund raising context,Sun Dawu illegal absorption of deposits and Wu Ying fund raising fraud as a research opportunity to analyze the private lending and illegal fund raising different.The author points out that the only object of the illegal fund raising case is the property right of the citizens,puts forward the social hazard as the basic distinction between the criminal and civil borders of the private fund raising case,and puts forward his own view on the legal governance of the private fund raising case in China,especially the analysis of the legal status of P2P loan-Proposed to establish a long-term mechanism,strong supervision P2P network loan.This paper is divided into four chapters.The first chapter summarizes the private fund raising,reveals the definition,characteristics and classification of the non-governmental fund raising,analyzes the relationship between the private fund raising,the private loan and the illegal fund raising,and summarizes the evolution process of the illegal fund raising process and the evolution of the law.The second chapter analyzes the private fund raising under the current legal framework of our country,and introduces the case,judgment,defense opinion and divergence reason of Sun Dawu's illegal absorption of public deposit and Wu Ying fund raising fraud,and put forward his own law under the existing legal framework Analysis opinion.The third chapter discusses the essential distinction between illegal fund raising and private lending,and points out that the only object of illegal fund raising crime is the property right of citizens,and the boundary of civil capital can be distinguished by the existence and size of social harm.The fourth chapter deals with the three principles of private fund raising cases,and puts forward the countermeasures of legal governance of private fund raising cases.It is proposed to introduce special public-civil borrowing laws,establish joint supervision institutions,strengthen administrative supervision of illegal fund raising,and make administrative supervision and judicial administration Seamless connection.and puts forward the establishment of long-term mechanism,strong supervision of P2P network loan.