The Criminal Cognizance And Regulation Of The Sponsor’s Harmful Conduct In Crowdfunding

With the continuous progress and upgrading of people’s consumption concept and the rapid development of cultural and creative industries in recent years,mass fund-raising activities have enjoyed excellent economic environment support in China.Mass fund-raising activities are deeply combined with online community through sharing and forwarding,supplemented by online social application to build an online pan social environment,Further,the influence of mass fund-raising activities is geometrically magnified.These factors together lead to the large number and frequent changes of various types of mass fund-raising projects in the current network environment.These mass fund-raising projects usually have at least one of the two characteristics of large number of participants or large target amount,because of the contradiction between the large number of participants and the large amount of money involved and the extremely lack and lagging regulatory measures in mass fund-raising activities,In the whole process of public fund-raising activities from launching to using the raised funds,it is easy to face double risks caused by the improper behaviors of the sponsors and the platform.Once the improper behaviors occur in the project,it will not only endanger the property safety of the public as potential participants,It will also have a great and adverse impact on the order of related industries and social harmony and stability.Considering that these improper behaviors in the mass fund-raising activities have great social harmfulness,which is in line with the definition of harmful behaviors in the criminal law and has criminal punishability.Therefore,this paper wants to focus on several typical harmful behaviors of the sponsors in the mass fund-raising activities,and discuss whether these harmful behaviors can be recognized and regulated by the criminal law of our country,so as to standardize the mass fund-raising activities,improve the safety of the mass fund-raising activities,and ensure the property safety of the masses and the harmony and stability of social order.By using the methods of literature research and investigation,this paper forms a structure of three parts and four chaptersThe introduction first briefly introduces the relevant background information of the mass fund-raising activities,and discusses that the mass fund-raising activities discussed in this paper are legal economic activities,which do not belong to the illegal fund-raising crimes stipulated in the criminal law,which is also the premise of further discussion on the identification and regulation of the criminal law.On the basis of this legitimacy,the first part of this paper defines the harmful act of the sponsor and discusses the necessity of criminal regulation.After discussing that the sponsor’s harmful behavior meets the requirements of criminal sanctions and needs to be regulated by criminal law,this paper comes to the last two parts of this paper.Corresponding to the constituent elements of specific charges in China’s current criminal law,it identifies the specific charges of harmful behavior,and seeks the path of criminal regulation in the existing charges,At the same time,in the case of not meeting the constitutive requirements of specific charges or in the dilemma of judicial practice,the path of criminal law regulation is explored through the way of legislation.The second part of this paper is the criminal law identification,because there are differences between donation raising activities and cultural and creative crowdfunding activities,so it is divided into two chapters.The second chapter identifies the harmful acts of the sponsors in the fund-raising activities.There are mainly two types of harmful behaviors:one is to make up,exaggerate or conceal the actual situation related to donation,such as the severity of the disease or personal economic strength;The second is the failure to use the funds as promised.The third chapter identifies the harmful behavior of the sponsors in cultural and creative crowdfunding activities.It mainly identifies the behavior of defective payment of sponsors in creative design projects in cultural and creative crowdfunding activities,as well as the behavior of embezzling fund-raising funds and "taking kickbacks" in the process of using fund-raising funds.In this part,the discussion of fans’ fund-raising projects is the focus of this paper.The third part and the fourth chapter of this paper put forward the idea of criminal law regulation on the basis of the second part,and put forward the path thinking of criminal law regulation from the perspective of interpretation and legislation.Based on the judicial practice,we hope to effectively solve the security problems of the funds raised caused by the improper behavior of the sponsors in the mass fund-raising activities.