Judicial Determination Of Crimes Of Illegal Fund Raising In The Name Of Private Equity Funds

In recent years,as the country has increased its attack on illegal fund-raising crimes,Illegal fundraisers are basically unable to directly use the traditional model for illegal fund-raising criminal activities.Since private equity funds have entered the Chinese market,Since private equity funds do not have the characteristics of administrative approval,Illegal fundraisers began to use illegal fundraising in the name of private equity funds.Starting from the Huang Hao case,which was identified as the first case of a private equity fund,the amount involved in the case is increasing,more and more people are involved,the harm to society is increasing.It has had an extremely bad impact on the stability of society and the development of the economy.In view of the particularity and harmfulness of such crimes,it is necessary to seriously study its judicial determination.It also briefly summarizes the main crimes involved in such crimes: the crime of illegally absorbing public deposits and the crime of fund-raising fraud.This article takes the representative of the "Zhong Jin Xi" case as the introduction point,on the basis of summarizing the characteristics of private fundraising criminal activities,Judicial determination of the two crimes involving the most illegal crimes involving private fundraising has been discussed in a more comprehensive way from the subject of crime,objective aspect and subjective aspect.In the first chapter,the article expounds the meaning of the crime of illegal fund-raising in the name of private placement and the name of the private equity fund,which is more confusing,the number of people involved and the larger amount.In the second chapter,a more detailed study on the judicial determination of the crime of privately raising illegal fund-raising units is carried out.In the summary of the criminal elements of such criminal units,the preliminary discussion on the private equity funds of the partnership organization and the main body qualifications of financial institutions.In the second chapter,a more detailed study on the judicial determination of the crime of illegal fund-raising units under the name of private placement is carried out.In the first section,the unit crime subject qualification of the “enterprise” which is highly controversial in such crimes has been carried out.Exploring and summarizing several key points of distinguishing unit crimes and natural person crimes in such crimes.In the second section,the current criteria for the identification of crimes of such criminal units are described in the controversies that constitute the elements and partnerships and the special subjects of financial institutions.In the third section,the elements of crimes of such criminal units are summarized in terms of form and substance.At the same time,the preliminary discussion on the private equity funds of the partnership organization and the subject qualifications of financial institutions is considered.The qualifications of the criminal subject may constitute a unit crime under the conditions that meet the other constituent elements of such crime.In the third chapter of this thesis,it focuses on the criminal purpose of the crime of fund-raising fraud--the purpose of illegal possession,and at the same time,the definition of the meaning of illegal possession in property crime and financial fraud is pointed out.The presumptive model logic of the existence of the standard violates the criminal law theory and other issues,and proposes ways to classify the causes of the objective results according to these problems;at the same time,the impact of the use of funds on the identification of such crimes and the intentional transformation A controversial issue was explored.In the fourth chapter,the judicial determination of the objective aspects of such crimes is discussed comprehensively in the order of attractiveness,openness,sociality and illegality.The determination of the attractiveness of private fundraising crimes involving private placement should start with whether to make risk warnings and disclosure of major information and to commit to fixed returns.Public recognition should be judged by the criteria of “existing business or other substantive links”.At the same time,the "existing business or other substantive links" standard has certain practical significance for the openness of the word-of-mouth communication method.In the social identification,the social connotation should be understood as the absorption of funds to the unspecified majority.The identification of illegality should be divided into two steps based on the combination of other "three sexes",namely,attractiveness,openness,and social identification.First determine whether its fund-raising activities are legal private equity funds,and then determine whether the fund-raising activities have been approved.