Legal Issues Study Of Illegal Fund-raising Behavior

Wu Ying shocked the nation 07 cases of illegal fund-raising, there are focus of debate "whether the illegal possession for the purpose". The focus of debate, the first response accurate qualitative nature of their cases, the department of criminal cases rather than civil, and should set it as fund-raising fraud. The reason is the perpetrator acts of illegal fund-raising at the outset promised high interest returns can not be achieved and the huge amount of money involved, many victims, serious harm to China's financial order, undermining the country's financial stability. Such crimes appears to a economic crime, but actually has a deep-seated destructive, undermining people's confidence in our economic system.After I read the illegal fund-raising of relevant legal norms and judicial interpretation, that of criminal law provisions on illegal fund-raising behavior is more ambiguous, existing criminal law depends on four charges of illegal fund-raising behavior regulation,4 to be a clear distinction between charges, and illegal fund-raising behavior and the difference between legitimate private fund raising is also needed a more in-depth study, I believes that measures to solve these problems is the establishment of the crime of illegal fund-raising, the crime of illegal fund-raising needs of the subjective description of the performance and accurate positioning counts. The establishment of the crime of illegal fund-raising can be a good fight against the criminal and civil law, administrative law of illegal fund-raising edge of criminal activity.In addition, regulation of the legal norms of illegal fund-raising behavior of defects, I believe that this defect is based on the lag of the law exists, there is its inevitability. The national authorities can be from the "sparse block" two-pronged approach, help people to better enjoy the full rights to raise funds, rather than criminal penalties, "Persuasion" refers to clear the financing of China's financial market system, open part of the financial control. "Blocking" refers to the creation of illegal fund-raising crime. "Persuasion" and "blocking" the combination can further regulate the issue of illegal fund-raising, specification of the financial order, social stability of financial markets, Crimes against illegal fund-raising.