On The Perfection Of The Property Disposal Procedure Involved In Illegal Fund-raising In China

The deepening of the reform of the supply side,the financial market gradually opening,the folk lending financing and nonstandard phenomenon common occurance,led directly to the stakeholders financial crime increased the number of cases of type,among them,the illegal fund-raising class crime has become a place in the financial system in our country on a time-bomb,tend to cause a series of the disposition of property involved in the problems.Due to the huge amount of money involved in illegal fund-raising cases,the number of victims is often large,the geographical area is wide,the disposal subject is diverse,the case process is complicated,and the disposal of property takes a long time.In the long process of property disposal,the value of the property involved could not be guaranteed,and the rights and interests of creditors could not be timely and effectively guaranteed.As a result,large-scale irrational mass events were easily caused by the public,and a series of attacks on the government and petitions also occurred frequently.In this paper,based on the investigation of some cases,with the real case and related data to reveal the disposal of various problems existing in the practical work,targeted the shortcomings of the current disposal procedure are pointed out,in order to solve the problem of the disposal of the property involved in the bankruptcy law thinking,is consummates our country illegally accepting the disposal of the property involved in the program puts forward beneficial system design.This paper is divided into three parts:The first part analyzes the current situation of the disposal of property involved in illegal fund-raising in China,and expounds the current judicial situation,characteristics and the choice of procedure.The first on the one hand,because the illegal fund-raising cases in high and new case Chen An accumulation,the cause of the property involved in the disposal of the work is very heavy,present a "difficult to dispose of" judicial status quo,and in the judicial practice difficult to define the scope of the property involved in the case and lack of creditors on the disposition of property involved in the process of supervision,led directly to the disposal of the property involved in the appears in a certain extent,the characteristics of randomness.Second,in China's current law,there are three sets of alternative disposal procedures for property involved in illegal fund-raising,namely administrative disposal procedure,criminal procedure and bankruptcy liquidation procedure.The second part,through the introduction of the case of han xuechen and jintiandi company,finds that the administrative disposal procedure and the criminal procedure have various disadvantages,and the protection of the interests of creditors and debtors is relatively backward.The administrative disposal procedure lacks the withdrawal system of interested parties,the participation system of creditors,the neglect of the take-over and management of the property involved,the pursuit of the principle of "pay first,get first",and the breaking of the independence and neutrality of the judicial organs.In criminal procedure,although it is the court by justice form to dispose of the property involved,but there is also a lack of creditors to participate in link,lack of efficient involved assets management procedures,lack of fair distribution of property involved,the range of property involved is difficult to define and court relied too much on the disadvantages of pre-trial disposal program,this a series of problems are directly restricts the disposal results of fairness and impartiality.The third part introduces the bankruptcy procedure in the disposal of the property involved in illegal fund-raising.Is because of administrative penalty procedure and criminal procedure has shortcomings,the current urgent need is to improve the current illegal fund-raising disposal procedure,the author suggest applicable bankruptcy illegal disposal of financing property involved,can realize the value of the property involved in,recover maximum erosion property involved,safeguard fair and orderly liquidation of creditor's rights,maintain social stability and reduce the pressure of the government.First,in terms of whether and how the enterprise involved in crime can file for bankruptcy,the author believes that the enterprise involved in crime can file for bankruptcy from the aspects of bankruptcy qualification,regulatory effect,procedural structure and jurisprudence,and as long as the bankruptcy application meets the statutory acceptance conditions,the court should review the bankruptcy application according to law.Secondly,according to the scope of the property involved in the problem,the trial judge need to clear the source,destination,use,transfer of the property involved in the related issues,such as to distinguish the property and legal property of the defendant involved,and according to the definition of the "specific" the legal property of the victim from the demarcation of property involved,according to article 64 of the criminal law shall be unlawfully taken;Finally,in terms of the order of repayment in bankruptcyproceedings,the main point of dispute is whether criminal compensation should take precedence over ordinary civil claims.The author believes that criminal compensation should not take precedence over ordinary civil claims according to the principle of equal compensation in bankruptcy law and the execution of bankruptcy trial.