Research On Criminal Law Regulation Of Illegal Fund-raising Behavior

The proliferation of illegal fund-raising is closely related to the current situation that China's financial system is undergoing reform and transformation.Formal financial institutions will strictly assess the qualification,development prospects,commercial risks and other factors of private enterprises when they seek loans.As a result,it is difficult for private enterprises to borrow funds from formal financial institutions,and they have to take risks to obtain financing opportunities from other channels.However,not all fundraisers are for the development of enterprises.Some people use the psychology of public investment to gain profits,use high return as bait,and use illegal fund-raising to obtain large amount of property,which leads to a large number of illegal fund-raising crimes.This paper chooses the most representative crime of illegal absorption of public deposits and the crime of fund-raising fraud as the breakthrough point,through four representative cases,this paper points out the main controversial focus of the current illegal fund-raising behavior in China,including whether the design of the crime of illegally absorbing public deposits is reasonable,how to identify the boundaries between private financing and illegal absorbing public deposits,how to identify the objective composition of illegal fund-raising behavior,how to identify the boundaries between the crime of illegally absorbing public deposits and the crime of fund-raising fraud,whether the penalty system of illegal fund-raising crime is reasonable,this leads to the current dilemma of the criminal law regulation of illegal fund-raising,which is mainly the controversy over the crime of illegally absorbing public deposits,the unreasonable criminal penalty system of illegal fund-raising,how to distinguish between private financing and illegal fund-raising,and the identification of "purpose of illegal possession" of fund-raising fraud.Put forward suggestions to solve the above difficulties,on the one hand,to solve the legislative dilemma,we should focus on limiting the crime of illegally absorbing public deposits and reconstructing the penalty system of the crime of illegally collecting funds,on the other hand,in order to solve the difficulties in judicial practice,we should focus on the identification of the objective composition of illegal fund-raising,the identification path of "purpose of illegal possession" and the distinction standard between the crime of illegal absorption of public deposits and private financing,this paper aims to improve the control of illegal fund-raising from the perspective of criminal law.