| At present,the illegal fund raising crime of internet financial platform shows great social danger.On the other hand,the illegal fund raising crime carried out through the Internet financial platform is fast spreading,spread widely,and the number of victims and the amount of cases involved is enormous.Therefore,it is necessary to carry out effective control and regulation through criminal law.The illegal fund-raising crime in our country originated from the 1995 Decision on Cracking Down on the Crime of Violating Financial Order,which was incorporated into Chapter 3 of the Criminal Law when the Criminal Law was revised in 1997.At the same time,three judicial interpretations were issued in 2010,2014 and 2019.Through the analysis of the legislative provisions of criminal law and the content of the relevant judicial interpretation,the current legislative provisions have not been able to collate.The effective regulation of illegal fund-raising crime through Internet financial platform is mainly reflected in the following three aspects:first,the prevention of crime is not strong enough;second,there is a deviation in the classification of the law;third,the light amount of fine and the adjustment of the applicable method.Therefore,in the face of this situation,we should improve the prevention of crime,the perfection of legal classification,the increase of fines and the adjustment of applicable methods.Based on the concept of illegal fund raising,this paper makes in-depth research on illegal fund raising crime on Internet financial platform,analyzes the current situation of legislation and legislation in China,probes into the shortcomings of criminal legislation in China,and puts forward some countermeasures to improve criminal legislation in China.The specific framework of this paper is as follows:The first part is a general theoretical overview of illegal fund-raising crimes on Internet financial platforms.It mainly includes the definition of an Internet financial platform and the definition of an illegal fundraising crime.Through the accurate definition of concept,we can strengthen the cognition of this kind of crime,and at the same time,through the collation of the character of crime and the harmful exposition,to prove the necessity of perfecting criminal legislation.The second part,the current situation of illegal fund-raising crime in China and the inadequacy of the regulation of illegal fund-raising crime on Internet financial platform.At present,there is no clear regulation on illegal fund raising by Internet financial platform.Therefore,through the current legislative and judicial analysis of illegal fund-raising crime in our country,we have grasped the thread of the regulation of illegal fund-raising crime in our country,and can explain the current situation of illegal fund-raising crime in Internet financial platform.the inadequacy of legislation.The third part is the consummation of criminal legislation of illegal fund raising crime on Internet financial platform.Through the exposition of relevant theories and theories,through the analysis of case and the collation of data,combined with the current judicial practice and judicial experience,this paper puts forward some suggestions for improving the criminal legislation of illegal fund raising on the Internet financial platform. |