Discussion On The Boundary Between Illegal Fund-raising Crime And Private Lending

In recent years,with the rapid growth of economy in our country,the financial system reform are deepening,but because our country has been the dual financial structure(i.e.,with strong capital modern big bank and traditional Banks,pawn and so on),unreasonable resource allocation relatively,state-owned enterprises can get more formal financing channels,and the financing channels of the private economy is less clear.As a result,minor enterprises turn to the private sector to seek financing channels,and the private finance develops vigorously.Private finance even becomes an important source of development funds for small and medium-sized private enterprises.However,crime of illegal fund-raising is like the sword of Damocles hanging in the head,many small and medium enterprises especially in some domestic small and medium-sized private enterprises meet with difficulties,many existing folk financing behavior of private enterprises are illegally accepting punishment could face sanctions at any time,this will impact the economy of the whole society's normal development.Therefore,it is of great significance to reasonably define the boundary between illegal fund-raising and normal private lending,and to guarantee the normal financing channels for small and medium-sized enterprises to develop the economy and maintain social stability.Though the word "illegal fund-raising" in different occasions and different sites are used multiple times,even the government authorities and judicial authorities in the various files will be "illegal fund-raising" used as a proper noun,but in our country,the "illegal fund-raising" is not a normative concept of punishment law,criminal law and there is no crime of "illegal fund-raising",in the practice is illegal fund-raising may involve what crime,there are also some disputes.In judicial practice,the crime of "illegal absorption of public deposits" and "fund-raising fraud" are often used to deal with illegal fund-raising activities.The supreme people's court on the concrete application of law in trying criminal cases of illegal fund raising questions of interpretation(hereinafter referred to as "explain")in this paper,the fraud crimes,stocks,bonds issue stocks or bonds of sin,the crime of illegal business,organization,leadership illegal pyramid selling activities sin into financing system of crime.In judicial practice,it is the first to judge whether an act conforms to the principle of "absorbing funds to the public without specific social conditions",and if the amount of funds has reached a certain level or the target has reached a certain scale,the crime of illegally absorbing public deposits shall be convicted.On this basis,judge again whether to constitute other crimes: if there is a purpose of illegal possession,consider the crime of fund-raising fraud;If there are ACTS of issuing stocks or bonds,the crime of issuing stocks or bonds without authorization shall be considered.In case of violation of the relevant state provisions on monopoly,it shall be considered as an illegal business crime.If there is no physical transaction and the commission can be realized simply by pulling the head,the crime of organizing and leading pyramid selling activities will be considered.Thus it can be seen that the crime of illegally absorbing public deposits is the basic crime,while the other charges are the special charges of illegal fund-raising activities.In these crimes,the most difficult to distinguish is the crime of illegally absorbing public deposits and the crime of fraud of fund-raising,because the crime of fund-raising fraud requires the purpose of illegal possession,how to judge the "purpose of illegal possession" is the difficulty in practice.Therefore,the interpretation points out that for illegal fund-raising crimes,fund-raising fraud is an aggravated crime.Therefore,this article will mainly based on the crime of illegal absorb public deposits,special for fund-raising fraud,the crime of illegal absorb public deposits,a detailed analysis of the core of this paper sums up the main characteristics of the crime of illegal absorb public deposits,to compare and legitimate private lending behavior,puts forward several of the standard to judge both,eventually to folk financing,relevant basis was provided for criminal and civil penalties.