Research On The Link Of The Administrative Law And Criminal Law In Regulation On Illegal Fund Raising

In recent years,the crime of illegal fund raising presents the multiple high incidence,the crime of illegal fund raising behavior with the qualitative is controversial and important theoretical and practical problems to be solved.Investigate its reason,lies in the ambiguity of measuring the degree of social harmfulness of illegal fund raising that results in the disconnection between administrative law and criminal law in the legislative level and the difficult of effective link in practice,deviation from the basic principle of criminal law and the basic laws of market economy.To achieve the link of the administrative law and criminal law in regulation on illegal fund raising,is not only an interdisciplinary research focus of administrative law and criminal law,but also implement and improve the mechanism of the link of the administrative law and criminal law,deepening the reform of market economic system,the main task of the party and state policy.Accordingly,the full text will take the “behavioral risk +consequence” of fund raising as the research basis;explore the social harmfulness of fund raising scientifically;in order to achieve the link of the administrative law and criminal law in regulation on illegal fund raising in-depth and systematic study.Besides preface and epilogue,the full text mainly consists of five parts,and basically follows the logical thinking as “the meaning of illegal fund raising and the link of the administrative law and criminal law—— the policy foundation of the link of the administrative law and criminal law in regulation on illegal fund raising——the problems of the current regulation on illegal fund raising in the legislation and the judicial——the regulation pattern of the link of the administrative law and criminal law——the specific paths to achieve the regulation pattern”.The first part is the ontological definition of the link of the administrative law and criminal law in regulation on illegal fund raising.First of all,to define and clarify “what is illegal fund raising” “what is the link of the administrative law and criminal law in regulation”,which is prerequisite problem need to be solved when research and explore the subject.To be specific,through the ordinary meaning of the fund raising and the evolution of the concept of illegal fund-raising,illegal fund-raising behavior will be defined to include the dual illegality possible behavior;through the connotation definition and extension clarification,the link of the administrative law and criminal law will be defined as the administrative law and criminal law's coordination and unification in the legislative level and cooperation and restriction in law enforcement;thus providing the logical starting point for studying the subject.The second part is the policy foundations of the link of the administrative law and criminal law in regulation on illegal fund raising.On the basis of the legal regulation of illegal fund raising,this paper explains the necessity and rationality of the construction of administrative law and criminal law.Specifically,the course of the legal regulation of illegal fund raising is inseparable from the economic system reform in our country but the “repression” legal regulation does not comply with the demands of market economy under the background of deepening reform of financial development.The change of the link of the administrative law and criminal law in regulation will not only benefit to balancing the financial freedom and financial security,implementing the criminal principles of necessity and the principle of legality;but also comply with the trend of the criminal policy of temper justice with mercy in the era of market economy,conform with the transitional demand of the policy of financial transaction management.The third part is the problem inspection of the link of the administrative law and criminal law in regulation on illegal fund raising.In high incidence of illegal fund raising cases,to investigate and comb the problems of regulation of illegal fund raising in the legislation and the judicial.In the legislative level,there are problems as divorcement between the administrative law and criminal law and unreasonable criminal setting of illegal fund raising.In judicial practice,there are difficult about initiation of administrative power and criminal power,determining illegitimacy and divorcement between the administrative penalty and criminal penalty.The reason lies in that the abstraction of the social harmfulness fails to delimit border of the administrative law and criminal law in regulation on illegal fund raising.The fourth part is the construction of the ladder of the social harmfulness to illegal fund raising.Through the objective considerations of “behavioral risk +consequence”,to try to solve the problem of measuring the degree of social harmfulness,and define the boundaries of the administrative law and criminal law in regulation on illegal fund raising by the social harmfulness level.On the basis of interpreting the value of “behavioral risk +consequence” to consider the social harmfulness,to choose the factors which have influence on the social harmfulness of fund raising behavior,then through the specific combination of behavioral risk factors and consequence factors to consider the degree of social harmfulness.Finally,to rank the social harmfulness grade of illegal fund raising,in order to set up the legal regulation ladder of illegal fund raising.The fifth part is the realization paths of the link of the administrative law and criminal law in regulation on illegal fund raising.In the legislation and the judicial,to take the social harmfulness grade as the regulation standard.Through the establishment of the legal status of fund raising and the reform of illegal fund raising crime circle,to clearly define the scope of administrative law and criminal law regulation of illegal fund raising.To simultaneously improve the administrative power and criminal power,the administrative illegality and criminal illegality,as well as the administrative penalty and criminal penalty,in order to achieve the link of law in regulation.In summary,in the process of deepening the reform of market economic system and promoting the rule of law,it is of great value to construct an organic and unified mechanism of the link of the administrative law and criminal law to regulate the fund raising.Through the deepening of theoretical research,in order to achieve the scientific regulation,so that the link of the administrative law and criminal law in regulation on illegal fund raising to better meet the needs of social and economic development.