Research On Criminal-civilian Intersection Of Illegal Fund-raising Crimes

As a kind of emerging economic crime,stakeholder economic crime is usually characterized by a large number of people involved,huge amount of money,extensive influence and various means.These characteristics determine that the damage to socialist market economy and social harmony and stability caused by stakeholder economic crimes is enormous.In the Ocase of numerous victims,how to protect their legitimate rights and interests,how to sort out the relationship between criminal procedure and civil procedure in cases where the criminal and civil procedure are crossed,and how to take legal theory into account with the social repercussions are all the troubles caused by stakeholder economic crimes.All the time,the intersection cases of the people involved in economic crimes have been widely concerned and studied by the legal theory circle and the judicial practice circle,and have become an important problem in the judicial practice.This article attempts in the perspective of stakeholder type economic crime,the punishment of people cross the entity theory and general contract effectiveness identification theory,combined with China's current in such cases the realistic predicament encountered,type torture people cross case stakeholders economic crimes,to resolve the problem and Put forward my own system conception to solve the problem of the intersection of the people's penalty in such cases.According to the expression of the criminal and criminal problems in the criminal case of illegal fund-raising,through the analysis of its causes,at last,it provides a concrete implementation path for the solution of the problem from three aspects:the characterization of the behavior,the identification of the contract,and the choice of procedures.First,with regard to the characterization of acts of economic crimes involving the public,we should adhere to the basic principles of using criminal penalties in accordance with the law,effectively implementing the criminal policy of combining punishment with leniency,and accurately grasping the constituent elements of illegal fund-raising crimes,so as to make a reasonable distinction between illegal fundraising and private borrowing.Taking into account such factors as the source of funds,the way in which funds are absorbed,the purpose and purpose of borrowing,the specific number of borrowers and their relationship with the borrower,etc.the amount of illegal fundraising and the purpose of illegal possession are specifically identified.In the process of determining the purpose of illegal possession,it should be analyzed in the light of the purpose of its use.Secondly,how to clarify the contract problem,we should uphold the principles of respective functions and powers,choice of parties,civil law judgment,and behavior judgment at the time,and distinguish the different paths and subjective purposes of raising funds by the fundraising actors,and elaborate on the circumstances.Moreover,when dealing with the question of the selection of procedures for prisoners and civilians,we must adhere to the principle of concurrent execution of the prisoners and people,and procedural selection is the purpose of the exception.This paper puts forward the idea of forming a scientific and systematic way of dealing with different situations by sorting out the different situations according to the different nature of the case and the different stages in which the person concerned enters the case.It can provide a theoretical reference for solving the cases of economic crimes involving the public in judicial practice.