Countermeasures For Illegal Fund-raising Crime

In recent years,illegal fund-raising crime is very rampant,which involves many fields.The ways of committing the crime are renewed and diversified and the number of cases is also increasing every year.Serious cases involving Ezubao,Fanya and Shanghai Shentong Dada are connected with hundreds of billions of money and hundreds of thousands of people.The cases spread to most provinces throughout the country.The scale of the cases and the speed of expansion of the cases are unprecedented.Illegal fund-raising crime is a typical kind of public-related economic crime.It is very harmful because it involves a large number of people and a large amount of money and the crime of illegal fund-raising is also very elusive and destructive.It severely destroys the financial order of the country and violates the property interest of the public.Many participants in the illegal fund-raising lose everything and burn with rage,which seriously threatens the social stability.Punishing and preventing illegal fund-raising crime has become an austere task.In this article,cases of illegal fund-raising crime investigated by procuratorates in certain district in Shenyang city are taken as the research objects.The emphasis is put on exploring the characteristics and causes of illegal fund-raising crime.By analyzing the troubles in the process of governing the illegal fund-raising crime and using empirical study and comparative analysis research methods,the new tendency of illegal fund-raising crime is explored.Besides,the effective ways to punish and prevent crime of illegal fund-raising are probed.Thus,illegal fund-raising crime can be reduced and the damage to the social economic order of our country and the property interest of people can be reduced.There are five parts in this article:The first part is the overview of the illegal fund-raising crime.First,the concept of illegal fund-raising is explained.With series of legal documents related to illegal fund-raising enacted by the country through the years,the accusation system of the illegal fund-raising crime is determined.Legislative process and regulation of the illegal fund-raising crime are demonstrated.The current status of illegal fund-raising crime in certain district in Shenyang city is taken for example to reveal the severe situation of illegal fund-raising crime.The punishment and prevention of illegal fund-raising ought to be an important task in the theoretical cycle and practical cycle of criminal jurisprudence at present and in the future.The second part is about the characteristics of illegal fund-raising crime.With the survey of cases of illegal fund-raising crime in certain district in Shenyang city and in the whole nation,current data of crime are analyzed.Five outstanding features of illegal fund-raising crime are summarized.Crime form shows the characteristics of categorization.Area of crime presents the characteristic of mobility.The majority of objects of crime are middle-aged and elder people.Means of crime is pyramid schemes.Criminal organization presents the characteristics of demutualization.In consideration of these characteristics,in the governing and preventing processes of illegal fund-raising crime,solutions ought to be found accordingly to achieve the best effect to punish crime.The third part is about the major reasons for illegal fund-raising crime.Any problem must have a cause.Illegal fund-raising crime is no exclusion.The analysis is conducted from five aspects: the influence of macro-economic environment,dissatisfaction of financing demand of the enterprises,irrationality of investment philosophy of the public,unfulfillment of consensus propaganda,low cost of crime,and insufficiency of criminal punishment.Living examples are used to prove that difficulty of small and medium enterprises financing is the biggest reason for illegal fund-raising crime.Because of the intertwing and overlay of different reasons,illegal fund-raising crime repeatedly occurs.The fourth part is about the difficult governance of illegal fund-raising crime.Illegal fund-raising crime has the characteristics of involving a large number of people,involving a wide area and a large amount of evidence.In the investigation,affirmation and disposition processes of illegal fund-raising crime,there are many difficulties such as the difficulty of fixing evidence,the difficulty of judicial aid in other places,the difficulty of judicial determination,and the difficulty of management of the fund-raising participants,which propose austere challenge to the effective governance of illegal fund-raising crime.The fifth part is about the punishment and prevention of illegal fund-raising crime.The punishment and prevention of illegal fund-raising crime are a systemic project.The law alone is not enough.On one hand,more effort needs to be devoted into reinforcing the strike of illegal fund-raising crime.The existing problem of evidence ought to be solved.Besides,the problems of judicial determination and post-event treatment also need to be solved.The criminal offenders ought to be prosecuted to the utmost extent and they also ought to be punished according to their crime.The disposition of the property involved in cases should be reinforced to maintain the social stability.At the same time,social treatment,prevention and control system also should be perfected.Administrative supervision and management ought to be reinforced.Attention ought to be attached to day-to-day precaution.Publicity of financial knowledge and laws and regulations should be strengthened to improve the sense and ability of the public for risk prevention and to lead the public to set up the rational investment philosophy.On the other hand,financial reform ought be carried forward comprehensively and development of inclusive finance ought be accelerated.The availability of financial service of the middle and small-sized enterprises ought to be increased and all kinds of financial market ought to be developed.Various kinds of financing institution ought to be coordinated and the financial support for small and micro business ought to be increased.Legalization of private financing ought to be carried forward and the investing and financing channel ought to be unblocked to reduce illegal fund-raising crime fundamentally.