Studies On Several Problems Of Crime Of Illegal Fund-raising

In recent years, illegal fund-raising crimes show frequent, highincidence trend. This kind of crime involving high, personnel is much,great harm to society. However, the judiciary of such crimes against bothwere weak, and easy to cause each censure. Investigate its reason, butour country is in economic transition period the objective environmentfactors, is still largely because of theory, practice of the legalproblems involved in a lot of controversy, that can not accurately graspthe crime with the non-crime, this crime crime he boundaries.Ought to see, at present all circles have attached great importanceto the study of crime of illegal fund raising, especially when theindividual case caused the attention of the whole society, relatedresearch is an immense number of books. But these studies or to criticism,negative criminal law in the regulation of illegal fund-raising crimesin action, or the study will be limited to one individual problems, leadingto the related research results do not become a system, can have a positiveeffect on the practice of criminal justice. The author for many years engaged in prosecuting work during, for more than ten illegal fund-raisingcases, understanding of both sides the focus of controversy, with thejudge referee basis, accumulated certain experience, also have a lot ofthe confusion in theory. This year, the author participated in theShanghai Procuratorate illegal fund-raising crimes key task research,through learning, research, thinking the theory problem, on the puzzlein practice were summarized and analyzed, and gradually open up horizons,manage clear thinking, for illegal fund-raising crime problems have somenew, meet the practical needs of the understanding.This paper is in finishing the basis of preliminary understanding,the systematic study, the writing is also a self construction process,through constant in the theory and the practice to confirm, and graduallyformed the framework, is divided into three parts. The first part of themain purpose is to clarify the illegal fund-raising criminal accusationsystem, as well as the relationship between the accusation, to lay thefoundation for the study; the second part is the focus of this paper, theauthor respectively discuss illegal fund-raising crimes in some keyproblems, in order to solve the long-standing judicial practice of thecrime with the non-crime, this crime the crime he confused; the last partis about how to prevent the illegal fund raising, the punishment crimerelated elaboration, the purpose is to better in dealing with illegalfund-raising crimes to the legal effect and social effect of unity. Theauthor hopes that by writing this article clarify the illegal fund-raisingcriminal accusation system, to settle problems, at the same time basedon the judicial practice, social effect.