Illegal fund the Crime of

Illegal fund-raising is furious and rampant, which affect our county’s financial order seriously and harm safety of people’s property. This paper introduces and researches the reason, judicial practice and criminal penalty of illegal fund-raising. All these are help to propose some active suggest containing the illegal fund-raising crime.At the beginning of market economy, illegal fund-raising crime take place frequently because of financial system has a lot of problem. On this situation, our country issued many law and regulations, and illegal fund-raising become an important govern area. However, illegal fund-raising crime didn’t weaken under the stringent criminal policy, the amount of this kind case still high.The reason of illegal fund-raising crime is various. For instance, the system of private enterprise is not good, the government supervise is not active, public awareness of investment risk is weak, existing financial system is unreasonable and the benchmark on law is not clearly. But the most basic reason is the contradiction of capital demand exceeds supply which embody private enterprise are difficult on financing.As the development of market economy, the methods of illegal fund-raising crime are more diversiform and tricky. The criminal fictitious business projects to cover their illegal motive. The various crime way make the judicature more difficult, such as how to distinguish the illegal fund-raising and legal civil loan, whether the illegal possession is must on fund-raising fraud crime and whether financial institutions established by law is the crime of illegal deposits from the public.The reasonable penalty configuration is fundamental for curbing illegal fund-raising crime. Currently, freedom penalty and property penalty is the core of the penalty for economic crimes in China, death penalty is for the extremely crime. The scope of freedom penalty application is the most among the penalty. The strength of property penalty is less than the freedom penalty because it’s affiliated place. In fact, this kind of penalty configuration is unreasonable. The best method to punish economic crime is depriving the criminal’s property and popularity. Thus, property penalty and seniority penalty is more suitable for illegal fund-raising crime. For this reason, we should covert our think path that property and seniority penalty can limit the criminal crime again by property and popularity deprivation, which is more scientific and economical.Improve law and regulation is also important. Firstly, recognize illegal fund-raising crime accurately. Secondly, take the regulation on directly financing to curb illegal fund-raising crime. Finally, draw lessons from other area. For example, broaden the financing channel for private enterprise, consummate urban credit cooperative and so on.