The Return On The Criminal Law Of The Crime Of Illegal Deposits From The Public

By seeing a large number of books and articles,we can found, whether it istheoretical circles or practitioners uproar, illegal fund-raising problems basically fromthe local level or micro level, the crime of illegal deposits from the public,the crime ofnot issue equities, corporate, corporate bonds, financial fraud and other charges definedand differentiated, rather than from the macro level to grasp the overall situation.So itleads to the two most important problems in regulating illegal fund-raising activities onthis issue: First, the judicial practice of using illegal deposits from the public sin as abasis for charges against all the crimes of illegal fund-raising such a predicament;proposed to use the crime of not issue equities, corporate, corporate bonds to regulate theillegal fund-raising this to the commission of the offense, this is a huge controversy pointof view.Visiting the different requirements of legal regulation in the financial sector, thepaper presents all the illegal fund-raising activities can be divided into two differentforms of direct and indirect financing, and should be subject to different regulatory mode,the field of application, therefore advocate belongs to indirect financing mode illegalabsorb public deposits crimes should go back to the original set of tracks, mainly toprotect the normal financial operations of commercial banks and other financialinstitutions to order this legal interests. As a result, other crimes of illegal fund-raising activity is a direct financing model vacuum criminal regulation.Faced with this problem, the article by historical analysis, system analysis,contradictory analysis, refuted using the crime of not issue equities, corporate, corporatebonds (someone proposed new "the crime of unauthorized public offering of shares") toregulate the current is directly financing mode of illegal fund-raising point of view of thecrime. Illegal fund-raising by examining the relationship between specific offenses,illegal fund-raising venture designated crime ring, proposed the establishment of thecrime of illegal fund-raising. This approach appears to be contrary to the academic worldadvocated to reduce the illegal fund-raising activities to combat this mainstream view.Infact, it does not deviate from it. By limiting the scope of the crime of illegal depositsfrom the public, and to increase the incriminate standard of“the crime of illegalfund-raising”, we can solve this problem.The establishment of the crime of illegal fund-raising to build a rational andeffective regulation of the legal system of criminal activities of illegal fund-raising.Article analysis of the relationship between the division and the internal logic of “thecrimes of illegal fund-raising circle”in criminal law theory and practice, the first of itskind.It is the most important cornerstone of this logic system and the paper studies on thevalue of. Delineation of illegal fund-raising crime ring, is conducive to draw a line, andthe legitimate civil financing activities (mainly private lending) has been plagued byacademic and in-kind community crime or crimes and other crimes boundariesstandard.It’s a new way of thinking and a outlet.The article does not focus on the judicial determination of the various types ofillegal fund-raising crime.In fact, a large number of scholars have made a usefulexploration. Illegal fund-raising distinction between crime and legitimate privatefinancing behavior, because of illegal fund-raising first the economic administrativeoffense characteristics, so the article advocates mainly through the reform of the currentfinancial system, improve the financial regulations to conduct research. As "financialrepression" crack, the legalization of private financing, standardized acceleration, thearticle predicted that the very of financial protection parochialism color belongs to theindirect financing of the crime of illegal deposits from the public will disappear along the (narrow). Instead of the direct financing mode “the crime of illegal fund-raising”toprotection the violation of the citizen’s legal property rights, social security and socialstability of funds the main legal interests. This is also a realistic choice and the expectedbenefits of the crime of illegal fund-raising should establish.