Criminal Law Regulation On Illegal Fund Raising Of Virtual Currency

With the development of Internet,virtual currency has become a new financial model,which is more innovative and convenient than traditional currency.The electronic currency form,which is mainly based on virtual currency and circulated through Internet,has been paid attention to and prevented from criminal behavior by all countries in the world.In view of the illegal fund-raising of virtual currency,China has issued relevant policies to curb it.However,the illegal fund-raising behavior based on virtual currency continues to occur in the society,and the particularity of virtual currency itself leads to the more serious illegal fund-raising behavior of virtual currency,which is different from the ordinary illegal fund-raising behavior,with higher technology content,wider scope and more serious crime harm.However,the criminal law of our country has not made clear provisions for the illegal fund-raising of virtual currency,and the relevant judicial interpretation is relatively general,which is not helpful for the application of law.From the judicial practice of this kind of cases,we can see that most cases involve different specific charges at the same time,which has been dealt with in different degrees,and the phenomenon of different judgments in the same case is followed Serious.Therefore,we need to take the criminal law regulation of the illegal fund-raising of virtual currency as the research object to analyze,aiming to make the illegal fund-raising of virtual currency applicable in a clear and normative way.This paper mainly focuses on the illegal fund-raising of virtual currency,and analyzes and studies the different charges involved in the application of law,including:The current situation and problems of criminal law regulation of illegal fund-raising of virtual currency.This chapter defines the virtual currency,especially the particularity and related concepts of the virtual currency illegal fund-raising,and analyzes the particularity of the virtual currency illegal fund-raising behavior,which is mainly manifested in three behaviors: investment behavior,pyramid selling behavior and business behavior.Then it analyzes the current situation of criminal law regulation,summarizes the current situation of criminal law pre regulation and criminal law regulation of virtual currency,and puts forward the existing problems of criminal law regulation of illegal fund-raising of virtual currency,that is,the lack of clear provisions of illegal fund-raising of virtual currency,and the confusion of criminal charges of illegal fund-raising of virtual currency.The specific analysis of the criminal charges of illegal fund-raising of virtual currency is mainly based on the crime of organizing and leading pyramid selling activities,the crime of illegally absorbing public deposits,the crime of fund-raising fraud,and the specific analysis of the problems existing in the judicial application of each charge.By finding two related cases of each crime,this paper leads to different scholars' disputes on whether to recognize this crime,and puts forward my views.Through the case analysis,the phenomenon of different judgments in the same case is mainly reflected in two aspects: on the one hand,in different cases,there are not only illegal fund-raising behavior in the form of virtual currency,but also the external form of pyramid selling,and there are three kinds of crimes in the result of the judgment.On the other hand,because of the complexity of the illegal fund-raising of virtual currency,each case involves a large number of people involved,and different cases have different judgment results for specific people involved.Finally,the paper puts forward the criminal law regulation path of virtual currency illegal fund-raising.From the perspective of judicial application,it is necessary to clearly regulate the application,that is,to accurately grasp the essence of virtual currency illegal fund-raising,which has illegality,purpose behavior and means behavior.This paper puts forward the specific standards for the application of the norms of illegal fund-raising of virtual currency,distinguishes them from the subjective purpose of crime,and makes different determinations for different acts.For example,the subjective purpose is that the operation behavior can be applied to the crime of organizing and leading pyramid selling activities,for example,the subjective purpose is that the illegal fund-raising behavior can be applied to the crime of illegally absorbing public deposits or the crime of fund-raising fraud.For a large number of involved cases Personnel,it is recommended that the ringleaders apply the crime of fund-raising fraud,and other responsible personnel apply the crime of illegally absorbing public deposits.At the same time,in the judicial application,we should reflect the modesty of criminal law,put the penalty behind,and finally put forward to improve the legal interpretation of virtual currency illegal fund-raising,including clarifying the threshold of the amount of crime and the mechanism of crime.