Study On The Crime Of Illegal Fund Raising In "Subsidiary Company"

With the continuous innovation of information technology,the operating mode of China’s financial industry is also constantly introducing new ideas.The new online financial management model represented by P2 P has received widespread attention from the society.Some unscrupulous criminals have used new-type online financial management methods to commit illegal fund-raising crimes.This has also become a new phenomenon of illegal fund-raising crimes in recent years.For those who are involved in joining a branch company as a person in charge of capital injection,they should be quasi-deterministic about their behavior.How to apply the provisions of the current criminal law in the handling of cases has become an unavoidable new issue in the review and prosecution of procuratorial organs.Taking the "e rent-bao" case as an example,the "e-rent-bao" online lending platform started on the line in July 2014.It uses a variety of new and old media channels to promote the public widely.It has been less than a year and a half since being on-line.The P2 P platform,which uses high interest rates as bait,fictional financial leasing projects,establishes a “fund pool”that is not expressly authorized by the state,and continues to use illegal loans,self-guarantees,and other methods to raise funds illegally from unspecified individuals.Accumulated transactions occur.Up to more than 700 billion yuan,the actual investors reached more than 900,000 people.At the time of the incident,the unpaid amount was nearly 37 billion yuan,causing huge economic losses to investors,and it was a benign development for the entire online financial sector in China.Caused a very negative effect.The "e renting treasure" network financial platform under the "subsidiary" hundreds,some "branch" is the "e rent treasure" platform directly set up,some "branch" is based on people outside the platform to establish the use of the form of joining.How to determine the behavior of these “branches”,how to judge their subjective knowledge,and how to apply the provisions of the current criminal law are also the most important aspects of our judicial practice.In this paper,I will conduct a case study on the case of Li,the regional director of Jiangxi Province and the head of the Nanchang First Branch Company(hereinafterreferred to as“e renting a Jiangxi case”),to objectively sort out the basics of“Jiangxi Jiangxi Case”.The situation,and the analysis of such cases,to explore the main problems in the case,and then elaborate on the problems that need to be resolved in the case from the case,and propose countermeasures.Through the analysis of this case,we conclude that there are a series of problems in the illegal fund-raising of branch offices.Mainly include: First,it is difficult to identify the type of crime.Whether the illegal fund-raising of a branch company network constitutes a unit crime;second,the fact of crime is difficult to determine.The boundary between this crime and other crimes is whether it is fund-raising fraud or whether it is illegally drawing public deposits or other capital crimes.Third,criminal investigation is difficult.Evidence collection is difficult,and often involves the issue of cross-regional investigation and evidence collection.There is indeed a big problem in the process of collection.Fourth,it is difficult to track down losses.It is difficult to track down,maintain stability and pressure,and easily lead to mass incidents.At the same time,it introduced foreign legislation on illegal fundraising and systematically introduced legal regulations concerning illegal fundraising in civil law countries and countries in Anglo-American law countries in order to provide experience and reference for the legal regulation of branch network fund-raising crimes.Finally,through the introduction of extra-territorial experience and in combination with China’s actual situation,a series of countermeasures have been put forward to deal with the issues related to the criminal law applicable to the illegal corporate fund-raising crimes in the branch networks.Specifically,the analysis includes the following: Legal status,clarify the standards of natural persons and unit crimes;Second,clarify the application of the crime of illegally drawing public deposits and fraud of fund-raising fraud,and solve the crime and inevitability of illegal fund-raising crimes in the branch network,focusing on whether there is illegal possession.Objectives: Third,focus on investigative collaboration and establish long-term mechanisms.For example,build cross-regional and inter-departmental information sharing systems;build long-term cooperation mechanisms,expand cooperation and cooperation mechanisms for economic investigations,and focus on issues that are difficult to collect for evidence.Efforts tocollect evidence in all directions;focus on the standardization of electronic data extraction;Fourth,comprehensively promote the work of recovery and recovery,and do a good job in maintaining stability;face the reality,go all out to recover the dirty,resolve social conflicts,and promote the construction of a society ruled by law and a harmonious society.