Research On The Cooperative Disposal Mechanism Of Cross-provincial Illegal Fund-raising Assets

Illegal fund-raising is a problem that has plagued China’s economic crime field for many years.In recent years,it has shown a clear trend of cross-regional crime.The formation of many major cross-provincial cases mostly rely on the model of Internet & pyramid scheme & illegal fund raising,increasing the difficulty of financial supervision and prevention.The continuous and extremely large cross-provincial cases have become the key work to prevent and resolve systemic financial risks.But the public’s doubts about its top priority,the disposal of the assets involved,have never stopped.The problem of disposing of illegal fund-raising assets across provinces needs to be solved urgently.This article focuses on cross-provincial illegal fund-raising cases.In view of the characteristics of the regions involved,the dispersed assets,and the large number of fund-raisers,this article introduces the theory of collaborative governance from the perspective of the criminal-civil conflict in illegal fund-raising cases.Based on the three asset disposal models including the existing administrative model,criminal procedure law model and commercial law model,a typical case of cross-provincial illegal fund raising represented by the "Huifeng case" is selected for legal analysis and summary,and a fourth asset disposal model is proposed— Unified disposal model.It also summarizes the special difficulties encountered in the disposal of assets across provinces.Attempt to sort out the basic logic and reproducible experience of the coordinated disposal of assets in cross-provincial illegal fund raising cases.The first part takes the cross-provincial region characteristics of illegal fund-raising in recent years as the starting point,selects the assets disposal of cross-provincial illegal fund-raising cases as the research object,summarizes the existing research results,and explores the research direction of the coordinated disposal of illegal fund-raising assets across provinces.The second part is the theoretical basis of the coordinated disposal mechanism for illegal fund-raising assets across provinces.On the one hand,the judicial chaos in the disposal of assets in China’s illegal fund-raising cases is,to a large extent,a multifaceted reflection of a large number of criminal-civilian cross-cut issues.How to achieve the balance between criminal and civil conflict is the value choice in asset disposal.On the other hand,cross-provincial illegal fund raising cases usually involve the cooperation of judicial and administrative agencies in multiple regions and departments,and their asset disposal is often very difficult.The "Cooperative Governance Theory" sets up and improves the framework of the inter-provincial case asset coordination mechanism.The third part will expand China’s existing asset disposal models to four,and introduce a unified asset disposal model into the discussion of asset disposal procedures.The fourth part examines the four asset disposal models of China’s current administrative model,criminal procedure law model,unified disposal model,and commercial law model from the perspective of the balance between criminal and civil and the theory of collaborative governance.It is a special dilemma of inter-provincial illegal fund-raising assets disposal.After researching the above content,the fifth part of this article chooses the commercial law model as the direction of future asset disposal,and tries to explore the framework of the cooperative asset disposal mechanism based on the commercial law model.