Research On The Crime Of Illegal Fund Raising In The Field Of Private Fund

In recent years,private equity funds have developed rapidly and occupied an important position in China's financial market.While enriching investment and helping the development of the real economy,due to the lack of development of the industry itself and the lack of market supervision,the law has been illegally funded for illegal fund-raising activities.The phenomenon is endless.The prosperity of private equity funds has increased the concealment of illegal fund-raising,and to a certain extent has boosted the evolution of such crimes,posing a great threat to financial order and social stability.At present,the research on illegal fund-raising in China's criminal law circles focuses on the doctrinal and policy logical interpretations of specific crimes such as the crime of illegally absorbing public deposits and the crime of fund-raising fraud,and it is rarely related to finance.The intensity of illegal fund-raising criminal activities is highly correlated with the improvement of financial market and the orientation of regulatory policies.Due to the lag of criminal law norms,the correct definition of legal private placement and illegal fund-raising in judicial practice encounters many difficulties.Therefore,it is of practical guiding significance to study illegal fund-raising crimes from the perspective of private equity funds.Firstly,it briefly combs the concept of private equity fund and the existing supervision system,the construction of the crime system of illegal fund-raising and its drawbacks,and lists the problems in the field of private fund and illegal fund-raising;secondly,from the nature of fund-raising,propaganda means The four aspects of fund-raising and capital operation process focus on the boundary between legal private placement and illegal fund-raising.Then,it expounds the difficult problems in subjective cognition,joint crime,unit crime and other practical identification.Finally,it points out the status quo of criminal law system and criminal legislation.The shortcomings of the author suggest that we should start from the three aspects of implementing the criminal policy of tempering leniency and strictness,clarifying the role of the criminal law system,and improving the criminal execution of criminal legislation,and comprehensively manage the crime of illegal fund-raising in the field of private equity funds.