On The Boundary Between Fund-raising Fraud And Private Loan Dispute

Private lending has effectively filled the gaps in China's financial system and has played an important role in the development of China's market economy.However,with the prosperity of private lending,illegal fund-raising crimes have also shown a tendency of proliferation.Among them,crimes of fraudulent fund-raising are the most typical,which has brought great damage to financial management order and social stability.In particular,in recent years,China's economic situation has been declining.Many criminals have resorted to the guise of private lending to conduct fund-raising fraud.Because there are many similarities between fund-raising fraud crimes and private lending,combined with the fact that our country's existing legal system is not perfect,the provisions on this issue are rather vague,which poses great challenges to the definition of the two in judicial practice.Only by clarifying the boundary between fraudulent financing fraud and private lending disputes and resolving the problems identified in judicial practice,can we effectively combat and prevent fund-raising fraud,and effectively regulate private lending,which is the significance of this study.The content of this paper is divided into five chapters.The first chapter analyzes the concept of financing fraud and private lending.This chapter firstly elaborates on the basic concepts of fund-raising fraud and private lending and the definition of the two,and on this basis,This chapter analyzes the commonalities and connections between fraudulent financing fraud and private lending disputes.The second chapter is the purpose criterion of the boundary between the two.This chapter begins with the subjective intention of having illegal possession,and combines the existing judicial interpretations and typical cases to distinguish the two.The boundary of the article is elaborated and its own viewpoints are elaborated.In the third chapter,whether the subject is "social public" or not is defined,and the two are defined in terms of their own views.The fourth chapter is the criterion of the boundary between the two,from the objective behavior.Whether or not to “use fraudulent methods to raise funds” to distinguish the two;Chapter 5 starts with the results of the two,and analyzes thedetermination of the “larger amount” criterion to distinguish the differences in the outcomes caused by the two.The place.It is hoped that through the various aspects of the boundary between fraudulent financing fraud and private lending disputes,the two can be clearly defined to provide some theoretical support for better combating and preventing fund-raising fraud and guaranteeing and guiding private lending behavior in practice.