The Legal Research Of Illegal Fund-raising Governance

In the early1990 s,the Illegal Fund-raising in our country has made first appearance. On account of involving too many people and making greatly bad social impact, State Department has successively taken many issues, laws and regulations in order to regulate it, even stipulating correlative charges in the Criminal Law. the Illegal Fund-raising still extensively spreads despite of the repeated prohibitions influenced by the confined channels of the social public investment, the weak safety and precaution awareness of the social public, the conceal and various forms of the Illegal Fund-raising and the invalid and inadequate supervisions of the The relevant departments, especially after the Finance-crisis in 2008,many original hidden social-contradictions emerged from the water on the account of the increased economic downward pressures, the Illegal Fund-raising concentrated outbreak in many areas such as Wenzhou and Erdos, meanwhile there is the trends of spreading to other different Industries and fields.For quite a long period, we have taken completely explicit attitudes on the Illegal Fund-raising, but they are often restricted to the penal level, mostly are post-supervision and strike after the event. Although the violators have received rigorous punishment, involved assets have been returned, but the mistakes had been made, so“the tardy justice is not righteous”.So, I try to make synthetic analysis in the methods of history, experience, case and norm to seriously rethink the governance issues of Illegal Fund-raising in our country,the status of private lending, the legal governance way of stipulating, the successful experience domestic and overseas and how to perfect the governance system etc.Illegal fund-raising is not only an illegal behavior, but also an economical phenomenon, which reflects the contradiction of the insufficiant supply of formal financial, the private financial gap and the narrow channel of private investment. To solve the illegal fund-raising problem, we should insist the idea of “symptoms and snookering”, perfect the legal regulation of illegal fund-raising and private lending in our country, enact “Law of Folk Loan” and “Lenders Regulations”, enlarge the adapting range of “Securities Law”, lead the private lending developing properly. We should promote the financial innovation actively, faster the development of the private banks, build the register and record system of private lending, establish the mechanism of information collection and analysis, credit analysis and application,etc. innovate integrated regulation means to avoid illegal fund-raising happening effectively. For happened illegal fund-raising problems, we should implement the earhly responsibilities of governments in all levels, and main responsibilities of companies. Classify the problems, help and fight combined, solve the problems properly in time to maintain the normal economical and social order.