Research On The Substantial Issues Of Illegal Fund-Raising Cases From The Perspective Of Criminal And Civil Cross

The crime of illegal fund-raising is the key target of crimes in the economic field of our country.Our country also has a relatively complete legal and normative system for it.At the same time,our country’s financial market is developing rapidly,the private economy continues to grow,and the market’s demand for funds is increasing day by day.Criminal regulations should also take into account the innovative development of private financing while maintaining the order of the market economy.In judicial practice,most cases of illegal fundraising are related to private lending,resulting in many disputes in terms of guilt and innocence,this crime and that crime,and there are still blind spots and difficulties in the identification of entities.Therefore,from the perspective of the intersection of criminals and civilians,combined with the judicial status quo,this paper focuses on some problems existing in the substantive aspects of illegal fund-raising cases and puts forward suggestions,in order to be beneficial to the trial of this case.First,clarify the connotation of the intersection of criminal and civil.This paper studies the phenomenon of intersection of criminal and civil in the context of crime and non-crime,which is mainly manifested in the distinction between fund-raising crimes and civil violations in illegal fund-raising cases.From the perspective of the cross between the criminals and the people,the cases of illegal fundraising are characterized by the fact that most of the cases involve private lending,the trial of the case is heavily penalized,and most of the defendants argue that it does not constitute a crime.Then it analyzes the legislative purpose and judicial status of the crime of illegally absorbing public deposits and fund-raising fraud.Secondly,the second chapter discusses the substantive problems of illegal fund-raising cases and the analysis of their reasons based on judicial cases.There are mainly the following four problems: the blurred boundary between illegal fund-raising and private financing,the conviction of fund-raising fraud is controversial,fund-raising The legal status of the participants is not clear,and the determination of the validity of the criminal contract is inconsistent.The main reasons are that the supervision system of private financing has been backward for a long time.The concept of rights priority is deeply rooted.Finally,it proposes solutions for the problems existing in illegal fund-raising cases.To deal with the dilemma,we must first respect the principle of the unity of legal order and adhere to the modesty of criminal law,and then put forward specific solutions to the existing problems.The author believes that criminal regulations should be improved in cases of illegal fundraising,and the criminal law should be prudently applied.In addition,it is necessary to respect the independence of the civil law,adhere to the modesty of the criminal law to prevent excessive judicial expansion,and strengthen the supervision of private financing in addition to severe penalties to prevent such crimes.