Research On The Criminal Law Regulation Policy Of Fund-raising Crime

In April 1993,in response to a large number of illegal fund-raising in society,the state council issued a notice on resolutely stopping illegal fundraising and strengthening the management of bond issuance,which was initially described as illegal fundraising by government documents as "illegal fundraising","paid fundraising" and "high-interest fundraising".The concept of "illegal fund-raising" was first proposed in 1996,mainly based on the interpretation issued by the Supreme Court on the specific application of law in the trial of fraud cases.In 1997,the criminal law adopted the above judicial interpretation of the provisions on fund-raising fraud.With the rapid development of China's modern economy,the legislature attaches great importance to illegal fund-raising,and has gradually established a relatively strict legal regulation system for illegal fund-raising,which is mainly composed of criminal law and related subsidiary criminal law,judicial interpretation,administrative regulations and departmental rules.In order to crack down on fund-raising crimes,criminal legislation and criminal justice have taken relatively active measures,but from the practical effect of more than 20 years,the criminal law regulation of illegal fund-raising has not achieved the desired effect,the current criminal law regulation system has problems such as excessive intervention and unreasonable regulation model.The study of fund-raising crime involves many disciplines,such as criminal law,criminology,financial law,economics,sociology,criminal policy,etc.,and has considerable theoretical depth,which is closely connected with judicial practice.In this article,therefore,the research fund-raising crime criminal law regulation under the premise of the status quo,combined with the judicial precedent,based on the shape thing policy theory,in the perspective of financial freedom,in dealing with the thinking of illegal fund-raising crime,should pay attention to the particularity of the financial sector,criminal legislation and judicial idea,reflect on raising capital crime of criminal law regulation policy,strive to offers a new perspective for criminal law regulating such crimes.This paper is divided into two parts,introduction and text.In the introduction,first of all,this paper introduces the background and research significance of the topic,followed by the current domestic and foreign research status of illegal fund-raising,and then describes the main research methods and innovations used in this paper.The text consists of three chapters:The first chapter mainly discusses the current situation of criminal law regulation of fund-raising crimes in China,introduces the legislative evolution of fund-raising crimes,and then analyzes the basic situation of the trial of fund-raising crimes in China's courts and the problems encountered in the judicial practice with the guidance of judicial practice problems and judicial precedents.Finally,through the analysis of the practical effect of criminal law regulation of fund-raising crime,the social effect and practical problems of criminal law regulation are expounded.From the perspective of the legislative evolution of criminal law regulating fund-raising crimes,combined with cases,China's crackdown on fund-raising crimes has maintained a high-pressure situation.However,in practice,the curb effect of fund-raising cases is limited,and there are still many problems in judicial practice,which have caused certain negative effects,and people's evaluation and recognition are not high.The second chapter mainly analyzes the current policy under the guidance of the criminal law of fund-raising crime regulation problems.First of all,it reflects on the mode of criminal law regulation,and mainly analyzes from the aspects of legislation and judicature.The current legislative ideas and policies are biased,the boundary of crimes involved is fuzzy,the regulatory system is not strict enough,and the timing of judicial intervention is not appropriate.Secondly,the plight of the criminal law regulation is mainly the lack of supervision under the legal regulation of illegal fund-raising and the lack of legal status of folk fund-raising.The third chapter is the author's suggestion to the criminal law regulation policy reconstruction of fund-raising crime.Firstly,from the perspective of financial freedom,this paper analyzes the evolution of China's financial policy,and analyzes how to define fund-raising crimes in this financial background.From the perspective of the concept of criminal law regulation,this paper analyzes the value orientation and thinking of fund-raising crime in legislation and judicature.In the end,it is pointed out that the criminal law should be combined with the reform and development of China's financial market to regulate fund-raising crimes and strike a balance between financial freedom and criminal law.Innovation of this paper point will grasp from the macro policy,raising funds to study crime of criminal law,the regulation on novel research Angle,raising funds illegally itself is a hot issue,the present research funding such crimes are mostly concentrated in raising funds to raise the cognizance of the crime,crime of criminal law regulation,there are also some from capitalist development environment in our country,the reform of financial system,development of folk capital,etc to research how to kind of crime prevention and control of financing.The study didn't think this kind of crime from the macro and prevention,based on the present situation of the criminal law on illegal fund-raising conduct depth analysis on the basis of,through the analysis of sociology,based on the criminal policy and the social economy development present situation,from the macro analysis of the criminal law should reflect on illegal fund-raising behavior regulation policy,to make it consistent with the demands of the development of financial innovation in our country.