Several Studies Of Illegal Fund-raising Crime

Illegal fund-raising crimes belong to stakeholder crimes.Against the background that the state advocates "innovation",the forms of illegal fund-raising crimes are becoming more and more diverse in the field of private financing.With the development of scientific and technological innovation,the actor USES the Internet and other emerging media to conduct illegal fund-raising,which not only reduces the cost of illegal fund-raising crime,but also expands the scope of fund-raising space,which is more harmful to the society and seriously damages the legitimate private financing environment.The current illegal fund-raising criminal law of our country,summarizes the Chinese legislation on crime of illegal fund-raising present situation,combining with the theory of law,crime of illegal fund-raising constitutive requirements for research,analysis of illegal fund-raising crime behavior characteristics,combined with the problems that exist in the judicial practice,further study of illegal fund raising and the connection between the components of crime,focus on the problem.From the legal provisions between illegal fund-raising crime and private lending,the paper analyzes the boundary between fund-raising crime and legal financing.Among the types of illegal fund-raising crimes,the crime of illegally absorbing public deposits and the crime of fraud of fund-raising occur relatively frequently.Therefore,this paper takes the two crimes as the entry point,analyzes the connection between the two crimes,and elaborates on their similarities and differences,so as to provide theoretical support for judicial practitioners to determine the nature of the two crimes.According to the judicial practice of the crime of illegal fund-raising in the main problems and controversial points,especially in the crime of fund-raising fraud "purpose of illegal possession" identification of understanding and application of the situation,according to the judgment practice of the identification of reasons,combined with legal theory,in view of the above problems put forward Suggestions for improvement.For example,the identification of the amount of illegal fund-raising crime,providing the amount of funds abandoned by the contributor,and determining that it belongs to the amount returned;The amount of money that the doer conducts high-risk investment behavior or debt transfer with the permission of the investor,and identifies it as the amount returned,shall be excluded from the amount of the crime of fund-raising fraud and other improvement Suggestions,so as to better guide judicial practice,guide private financing behavior to conduct legal financing,and prevent illegal fund-raising crime.