The Research On The Characteristics,Causes And Prevention Of China Illegal Fund-raising

In recent years illegal fund-raising cases emerged in all parts of our country.In these cases,the amount of money involved is huge,the number of people is large,which caused serious influence to the society.In addition,the development of new technology,such as the Internet,bring regulators more big difficulty to crack down on illegal fund-raising cases.Therefore this paper mainly analyze the present situation of illegal fund-raising in our country and summarize case characteristics,try to probe into its outbreak of reason and put forward constructive Suggestions for the above reasons.First,This paper clear the definition of legislation for illegal fund-raising.The difficulty to identify makes related cases occurred frequently.And legislation for definition of illegal fund raising is not perfect in our country,causing inconvenience in case after the law enforcement,the legitimate rights and interests of investors can not get effective guarantee.The law clear illegal fund-raising authoritative definition.The fuzzy boundaries are clarified between the illegal fund-raising and folk financing on law level.This paper lists 7 kinds of current charges involved in illegal fund-raising cases in China,finding out the relationship and difference among them.Later this paper try to interpret the legal provisions and judicial practice,and find out the limits of legislation of present illegal fund-raising cases in our country.Second,this paper focuses on analyzing the characteristic of China's present situation of Chinese illegal fund-raising and explore its internal causes.In recent years,due to the real case finally is basically "crime of illegal absorb public deposits" and "fund-raising fraud" conviction.So this paper mainly concentrate on the analysis on the two charges.Since 2014 the number of cases which are sentenced to "crime of illegal absorb public deposits" and "fund-raising fraud" has first instance to surge,the severity illegal financing is growing fast.For more in-depth understanding,this article adopt the method of case statistics,collect 200 cases of illegal fund raising through judicial documents from China network,110 network and network channels,respectively analyze the situation from the point of the amount,region,industry,crime subject and investor.Five aspects were analyzed.Amount can be divided into three levels,this paper studies proportion of different level amount in fund-raising cases;On spatial analysis,try to analyze combining with the condition of the regional economic development in China,this paper divide our country provinces into east region?middle region and west region,research the proportion of illegal fund-raising accounted for in the three areas.Many small and medium-sized enterprise's main capital from private lending.The difference is clear between these three region economy,investment channels also have very big difference,including the type and quantity,so there is a big difference in choice direction and the range for private lending in the process of investment;On industry level,the paper emphasis on the analysis of cases of illegal fund raising the outbreak of the industry and analyzes its reason,studies the era of the Internet financial illegal fund-raising the present new characterstics;The Internet illegal fund raising eventhas some new characteristics.On crime subject level,try to analyze the gender and cultural level of the subject of illegal fund-raising;On investors level,try to analyze the changing characteristics of the number of investors involved in illegal fundraising in China.Third,this paper analyzes the causes of illegal fund-raising.This paper mainly analyzes in four aspects.The financial structure of our country is unreasonable,the financing of small and medium enterprises is difficult,the investor is irrational and the government regulation is missing.The financial structure of China presents the characteristics of indirect financing and imbalance of capital market.Small and medium enterprise financing channels are narrow and not very risky.The lack of investment targets of investors and irrational psychological severity;The government has been less forceful in prevention,supervision and post-treatment.Last,in order to improve the illegal financing present situation in our country this paper try to propose Constructive advice.Due to the focus of this article is in the legislative,executive and investor angle analysis.On legislation,not only further perfect the definition of illegal fund-raising and charges,but also strengthen the current administrative rules and regulations preventing illegal fund-raising such as deepening enterprise financing system of the legal system.On administration,the government should prevent their respective administrative areas and disposal of illegal fund-raising work on overall responsibility,and need to take on the responsibility of the person in charge of the first intensify prevention,on the angle of investors,from the perspective of behavioral finance,this article try to put forward the proposal on improving our country the irrational behavior of investors.Investors should not only learn the basic knowledge,to know more about their own psychological weaknesses,correct the investment practice to strengthen the awareness of risk,do not want credulous gossip,insider and rumors,and prevent fooled and deceived;To participate in the investor protection institutions and brokerage of investor education activities,establish a correct concept of investment and risk prevention.Investors in our country should set up and maintain good investment mentality,careful.investment,avoid unnecessary risk speculation,.to.prevent irrational investment and decision-making behavior.