Research On The Illegal Identification Of Fundraising Crime

The illegality of fundraising crimes has a tendency to expand,especially for some financial innovation models,which are often regarded as new fund-raising behaviors and are considered to be suspected of fund-raising crimes.Although this phenomenon has certain positive significance for protecting financial security,it is not conducive to financial innovation and prosperity,and it is necessary to cause reflection and attention.From the perspective of art share trading,it can effectively reflect the status and characteristics of illegal fundraising determination of fundraising crimes.It can also analyze the main points of illegality of new fundraising behaviors in a targeted manner,providing some ideas for financial innovation models whether they are suspected of fundraising crimes and how to qualitatively identify them.The following is the logic of this article.First of all,to clarify the content and positioning of this article,and explain the basic situation of the perspective selected in this article,to provide a basis for the discussion later.Then,the core theoretical issues involved in this article are described,analyzed and argued,in order to demonstrate and determine the theoretical basis for this article to explore and solve the problem of illegal identification of fundraising crimes.After that,from a procedural perspective,discuss the relationship between administrative and criminal determinations in orderto provide some suggestions for the specific operation of illegal identification of fundraising crimes.Finally,from the perspective of the artwork sharing transaction,in view of the regulation of new fundraising behaviors,we have limited thinking on the illegal identification of current fundraising crimes.The specific structural arrangement and main contents of this article are as follows:The first chapter clarifies the specific content and value of the issues discussed in this article,and introduces the judicial status,operating mode,and the difficulties and disputes of illegality involved in the perspective chosen in this article.Regarding the illegal identification of fund-raising crimes,the concept of illegal fundraising in administrative law and criminal law needs to be distinguished.Actually,it refers to the relationship between administrative identification and criminal determination of illegal fundraising behavior,and clarifies the standards of illegal identification and related procedures in the criminal field.In addition,illegality determination not only has important value on the level of crime and non-crime,and helps determine whether the related behavior constitutes a crime and then a fundraising crime.It also has certain significance on the level of this crime and the other crime.The legal interest can help determine the applicable charges.Regarding the share transaction of artworks,through case retrieval,analysis and behavior analysis,we can find that there are problems in the determination of illegality that simply "unapproved",or a large amount of investment involved and many investment participants are equivalent to illegality;and there are various viewpoints on the determination of the crimes,such as the crime of illegally absorbing public deposits,the crime of illegal business operations,and the crime of fundraising fraud.The second chapter discusses the theoretical issues of illegality,and then determines the illegality of the fundraising crime.After analyzing the viewpoints of various theories and the points of controversy,this article holds the view of Easing Monism,affirming that the relativity of criminal law not only includes the difference of "quantity" but also the difference of "quality",that is,the fundraising crime as an administrative crime,"criminal wrongdoing = wrongdoing of preemptive law +quantitative / qualitative judgment".On this basis,affirm the independent significanceof the standards for the illegality of fundraising crimes—formal standards and substantive standards.At the same time,it is recommended to improve the connotation of the formal standard,properly determine the content of substantive standards,and increase the negation mechanism of substantive standards against formal standards.The third chapter,from a procedural perspective,clarifies the relationship between the administrative determination and criminal determination of fundraising behaviors,and then clarifies the connection between administrative determination and criminal determination in new fundraising cases like artwork sharing transactions.First,criminal determination cannot rely solely on administrative determination,and independent judgment should be made when there is no administrative determination.Second,criminal determination cannot generally affirm the conclusion of administrative determination,and it should conduct a double review of form and substance.Chapter Four is based on the above discussions,and based on the current expansion trend of the illegality of fundraising crimes,we have restrictive thinking from the perspective of criminal policy and fundraising participants.It should be clear that in determining the illegality of the new fundraising behavior,the specific connotation of the criminal policy of leniency and strictness should be accurately grasped.On the one hand,the spirit of severely cracking down on fundraising crimes must be grasped.Clearly cracking down on fund-raising crimes does not mean "blind convictions" and "heavy convictions".On the other hand,grasp the balance between financial security and financial innovation,and implement the restrictive regulation of criminal law on the premise of unchanged legislation,which is mainly reflected in insisting on accountability and resisting the application of "responsibility" in the criminal field.And insist on the unification of subjective imputation and objective imputation.Moreover,from the perspective of the fundraising participant,the fundraising participant often plays a catalytic role in the final harm in the above cases.The actor may lack the possibility of illegal cognition,and the possibility of innocence should be affirmed.On the basis of reiterating the modest nature ofcriminal law,this article argues that for financial innovations that are suspected of fundraising crimes,a regulatory system based on administrative law and civil law and supplemented by criminal law is more conducive to the realization of the balance between criminal law protection and financial innovation encouragement.