Research On The Problem Of Illegal Fund-raising Crime Of Internet Finance

Internet finance is the product of economic development in the 21 st century and the Internet industry innovation,as a new financial model from the initial to enter the market now,just a time to show a lot of illegally accepting the most significant risk,legal risk,especially the occurrence of many illegal fund-raising crime has been able to make a statement.One of the most typical characteristics of illegal fund-raising in the field of Internet finance is that it takes the cyberspace as the place of crime.The criminal behavior is not restricted by the region and has the virtual nature of network.At the same time,compared with the traditional offline illegal fund-raising crime,the criminal means presents the characteristics of high intelligence and professional science and technology.Once the crime of illegal fund raising in the field of Internet finance occurs,its infringement of property rights and interests is far higher than the traditional crime of illegal fund raising.Meanwhile,it also infringes the management order of the country’s Internet finance,causing immeasurable negative impact on the society and people’s normal life.In order to punish the crime of illegal fund raising,the criminal law has constructed a regulation system centered on the crime of illegally absorbing public deposits.But,a prominent problem is that the current criminal law regulation is for a long-standing tradition of illegal fund-raising crime,illegal financial financing Internet crime in the actual developing present differs from traditional illegal fund-raising crime of new features,so that the existing criminal law provisions do not completely cover all crimes.Another problem is that the state advocates the innovation of Internet finance,and most of the existing fund-raising behaviors in Internet finance conform to the characteristics of illegal fund-raising in form,which touches the edge of crime,which leads to a certain degree of conflict between the innovation of Internet finance and the regulation of criminal law in reality.The purpose of writing this article was based on the existing three kinds of typical Internet illegal fund-raising crime present situation existing in the financial model as an example,the current Internet financial derivation of illegal fund-raising crime appears new characteristics,the current criminal law is how to deal with,as well as in dealing with the reality of the conflict appeared in the process of the crime,and to bring forward some proposals to solve.The whole paper is separated into three parts.The first part refers to the concept and characteristics of illegal fund raising crime in Internet finance,as well as the extant situation of illegal fund raising crime in three typical Internet finance models.The second part discusses the current crime against illegal financial financing Internet criminal legislation and relevant judicial interpretations,in the actual how the crime in the judicial cognizance,the specific charges and how that help for network behavior and how qualitative,as well as how the reality of conflict in the process of apply;Third part for the second part puts forward new problems,realistic conflict,explore involvement in illegal Internet financial financing crime of the criminal law limit to both to the crime of illegal Internet financial financing,does not contain financial innovation,and the current criminal law can’t completely cover the crime of part,on the one hand,the role of the administrative supervision,on the other hand,from the Angle of the perfection of criminal law are proposed.