Analysis Of The Criminal Regulations Of The Illegal Fund-raising

In today's society," internet +" has been widely integrated into all works of life,the combination of the internet and finance makes the society appeared a lot of financial institutions,can be engaged in financial institutions business network mode,such as: AliPay,wechat red envelope,P2 P,etc.The emergence of these institutions and the expansion of the network financial business to a large extent to facilitate people's lives,but also provides a hotbed for the crime of illegal fund-raising,illegal fund-raising cases showed an explosive growth,especially after the emergence of the internet financial innovation business model.At present,China's criminal law and judicial interpretation of illegal fund-raising has been strictly regulated,but not only failed to achieve the desired results,but also hindered the development of real internet financial innovation.The criminal regulation of illegal fund-raising in the field of internet finance faces many difficulties.Taking the case of " e-rent treasure" as an example,this paper analyzes the difficulties faced by criminal regulation of illegal fund-raising from three aspects: the conflict between criminal law and criminal policy in regulating illegal fund-raising,the ambiguity between the crime of illegally absorbing public deposits and the crime of fraud of fund-raising,and whether the internet financial business model constitutes a crime.it proposes that the crime of illegally absorbing public deposits in criminal law should be abolished,the standards of the crime of illegal fund-raising discrepancy should be reconsidered,and the crime of fraud of fund-raising should be carefully applied in judicial practice,so as to improve the criminal regulation of illegal fund-raising.