The Legal Question’s Research On Criminal In Private Equity Fund

After the new<Securities Investment Fund Law>carried out, private equity fund has been out of the gray area in the embarrassing situation, their legal status has been confirmed, the "Warring States period" has been ended, private equity fund is entering the best period with warming spring and coming flowers.Although the private equity fund is having the best development opportunities,the hidden crisis could not be ignored. In the development process of the private equity fund,the criminal problems has produced profound influence to the society.At present,-taking advantage of the private equity fund to fund-raising illegally occurs frequently.The number of involved people and the amount of involved money is amazing.Beacuse of the inadequacy of private equity fund development gives criminals an opportunity to implement criminal acts.This paper adopts three methods:literature analysis, normative analysis, empirical analysis.One hand,sorting out of relevant useful reference, concludeing worthy research ideas of scholars.On the other hand, concludes the case’s characteristics in recent years of taking advantage of the private equity fund to fund-raising illegally, analyzes the reasons of such frequent cases.Third, based on the theory of criminal law, analyzes on the legal regulation of illegal fund-raising behavior in criminal law, and combining the characteristics of the private equity fund illegal fund-raising case, trying to analyze the crime with the non crime boundary.In the field of private equity funds, illegal fund-raising occurs frequently, combined with the characteristics of this kind of case, the theory of criminal law and the existing legal regulation for the field of private equity funds, proposed the criminal law in the field of private equity funds, the necessity and the limits of necessity.