With the continuous deepening of my country’s reform and opening up,my country’s overall economic situation continues to improve,and the private economy is booming.At the same time,small and medium-sized private enterprises have increased their demand for funds in their daily operations.Therefore,financing issues have become the key to enterprise development.Therefore,many problems such as the high threshold of commercial bank loans in the industry have caused the supply chain to be in a state of shortage.The financial regulatory measures proposed by the state are not perfect,and there are many problems in Internet finance.All these problems make illegal fund-raising activities emerge endlessly.More and more fund-raising crimes continue to appear,and the amount involved has also increased.Compared with traditional financing methods,illegal fund-raising has seriously affected the safety of citizens’ basic property and is not subject to strict legal supervision..At present,China has put forward criminal regulations on illegal fund-raising to regulate fund-raising behavior.However,many detailed issues have not been explored and standardized,and various issues such as insufficient penalties still affect the current social financial industry.The criminal law system needs to show a systematic effect.It is very important to use the criminal law to solve the problem of illegal fund-raising.Therefore,in the development of Internet finance,the problem of illegal fund-raising must be gradually overcome and cannot be indulged.The thesis is divided into five chapters: The first chapter is the introduction.This part focuses on analyzing the relevant elements of the background and significance of the article involved in the subject research,and then analyzes the source of the case and other content,while examining the innovative points and problems faced by the paper.The second chapter is the characteristics of illegal fund-raising behavior and the development of criminal legislation.First,it introduces the conceptual features of illegal fund-raising behavior.Secondly,it analyzes the legislative development process of illegal fund-raising behavior.The third chapter is the judicial status quo of illegal fund-raising behavior.Through the analysis of the case data of China Judgment Documents Network,it is concluded that the number of illegal fund-raising crimes is increasing and the application of crimes is showing an expansion status.The fourth chapter studies the difficulties encountered when criminal law intervenes.Focus on the analysis of the design of illegal fund-raising crimes and the methods used when distinguishing fund-raising issues.At the same time,it analyzes the purpose of illegal possession,the objective constitution of illegal fund-raising crimes and the penalty system,and summarizes the current criminal law against illegal fund-raising under the current judicial system.The dilemma of crime.The fifth chapter puts forward suggestions on criminal laws and regulations for the flaws in the governance of illegal fund-raising crimes.From the design of the crime of illegally absorbing public deposits,it is necessary to adjust the elements of the crime of illegally absorbing public deposits and limit the application of the crime of illegally absorbing deposits.At the same time,clarify the distinction between the crime of illegally absorbing public deposits and private financing,clarify the identification path for the purpose of illegal possession,and clarify the objective composition of illegal fund-raising behavior.From the perspective of penalties,increase the proportion of fines and penalties. |