Study On The Legal Issues Concerning The Disposal Of Property Involved In Illegal Fund-raising Cases

In recent years, continuous restructuring and upgrading national economic structure, slowing domestic economic growth, private capital was increasingly expanding trend, financial intermediation enterprises have been affirmed legislative and other reasons, resulting in many "private universities", "investment guarantees "companies," cooperatives "and often collapse due to funding strand breaks, illegal fund-raising case was a blowout outbreak, economic development and social stability, resulting in a serious impact. Can legitimate and effective disposal of the assets involved, the maximum loss of property to restore victims of the masses, is raising the participation of people most concerned about the incident directly related to social stability, has become important and difficult to properly handle such cases work once mishandling, can easily lead to "secondary effects."On disposal of property involved, the provisions of the Criminal Procedure Law is relatively fragmented, general and vague, there is a positional deviation to a certain extent, the relevant mechanism is not perfect, resulting in criminal proceedings the parties involved in person, property or national interests of the interested parties, subject to collective infringement, protection of the rights and remedies lagging behind. Crimes involving illegal fund-raising has a huge amount of money, raising ever-changing way, inter-regional characteristics involved in the region significantly, leading to the public security organs to prevent and disposal difficult. Also involved in the disposal of property subject to lack of experience, accountability is not clear, understanding and practice of judicial staff "derailed" and so widespread. Principle for the above problems, the actual work involved in the disposition of property from illegal fund-raising case analysis, analyzes the theoretical current illegal fund-raising cases involving disposal of property, judicial practice aspects of the main approach, the problems for the improvement of illegal fund-raising involved in the disposition of property, legal countermeasures and suggestions.Text of this paper is divided into four parts. The first part of introduction mainly expounds cases involving illegal fund research background and significance of the program of disposal of property, research and innovation of the current status main points reviewed research content and methods, research. The second part to the general theory of illegal fund-raising case involved a disposition principle analysis as the main content, elaborate criminal cases involving disposal of property, illegal fund-raising cases involving particularity disposition of property were analyzed. The third part is involved in illegal fund-raising case of a disposition of property status quo, analysis of administrative disposition program mode and criminal proceedings mode, summary of the disposition of property involved in illegal fund-raising problems in the typical case. The fourth part is based on the analysis in the third part, we put forward a sound case of illegal fund-raising strategies and recommendations involving legal property disposal program.