Research On Judicial Determination Of Illegal Fund-raising Cases

With the continuous development of China’s economy and society,social wealth is also increasing,illegal fund-raising has become quite common.This unusual "universality" has led to the emergence of illegal fund-raising cases in the form of a "blowout",and the number of investment involved,the amount of funds raised have repeatedly reached new heights,and has a tendency to spread to different industries,different areas.Although the term illegal fund-raising is widely used,it is often confused with the concepts of fund-raising fraud and illegal absorption of public deposits because of its vague concept and definition.Therefore,the definition of illegal fund-raising is somewhat arbitrary,which leads to many disputes in judicial practice.The crime of illegal fund-raising is the most important part in the field of economic crime in our country.Because of the above reasons and its own characteristics,it brings great troubles to the judicial organs to deal with such cases according to law and properly.Especially in the process of judicial cognizance of illegal fund-raising cases,the crime and non-crime,the crime and the other crime as well as the difficulty in cognizance of each crime.The debate on dots and hot spots is endless.The author has been engaged in the examination and prosecution of procuratorial organs for many years,and found that although Jiuquan City in Gansu Province is underdeveloped in recent years,the number of cases of illegal fund-raising has also increased sharply.Although these cases are not as large as the number of cases of illegal fund-raising in economically developed areas,the amount involved is large,but because of the region where the case occurred,when.The different social and economic characteristics of the land lead to many confusion in the process of reviewing the case.This article is based on the author’s analysis of the relevant theory of illegal fund-raising,through the different cases in the judicial process of confusion and review of cases encountered in the process of specific research,analysis and summary of the difficulties and doubts,with a view to handling illegal fund-raising cases in the process of judicial determination to provide some of the following: Reference.This article is divided into three chapters,the first chapter is the definition of illegal fund-raising and the status quo,first of all,from the perspective of normative analysis,through the concept of illegal fund-raising and illegal fund-raising cases and the current legal regulations of the investigation for the follow-up content of the theoretical groundwork;the second chapter is to study judicial practice and learn from the judicial classics.On the basis of experimentation,thispaper puts forward a rational analysis of the determination of several difficult problems in the actual judicial determination of illegal fund-raising cases,such as "illegal possession for the purpose","the public","the amount of crime","accomplice" and "property involved in the case".The third chapter is the basis of the author’s analysis and discussion of the previous article.On the basis of this,the author puts forward some suggestions on perfecting the judicial cognizance of illegal fund-raising cases from three aspects: perfecting the criminal legislation,reforming the financial system and perfecting the judicial handling mechanism.