(1) Insisting on prevention means strengthening monitoring and early warning, and strengthening publicity and education on illegal fund-raising.
(2) Insisting on fighting early and fighting small is to find risks in the embryonic stage, resolve hidden dangers and prevent small risks from turning into big problems.
(3) Adhering to comprehensive management means giving full play to the supervisory role of grass-roots autonomous organizations, news media and the masses in addition to provincial people's governments, industry leaders and regulatory departments.
(4) Insisting on safe disposal means taking different measures for various risks.
Second, the meaning of illegal fund-raising
The crime of illegal fund-raising refers to a large amount of illegal fund-raising through fraud for the purpose of illegal possession. The essence of this crime is that companies, enterprises, individuals or other organizations raise funds from the public or collectives through improper channels without approval and in violation of laws and regulations. At present, China's criminal law stipulates four kinds of illegal fund-raising crimes, namely, the crime of illegally absorbing public deposits, the crime of fund-raising fraud, the crime of fraudulently issuing stocks and bonds, and the crime of issuing stocks, companies and corporate bonds without authorization. The definition of illegal fund-raising provides you with the latest and most comprehensive legal knowledge about the definition of illegal fund-raising, as well as the fastest online legal consulting service for lawyers in China.
Three. What are the constitutive elements of the crime of illegal fund-raising
(a) the subject of crime is the general subject, including natural persons and units. What we want to emphasize here is the legal fictional personality subject-unit, otherwise we will not be able to regulate the illegal fund-raising behavior carried out by a large number of units (either units exist alone, or units and natural persons, units and units * * *) in judicial practice through criminal law.
(2) The subjective aspect of crime is intentional. The parties know that their illegal fund-raising behavior will produce harmful results to society, and hope that this result will happen. In the case of illegal fund-raising in the unit, this intention is manifested in the fact that the person in charge, the person directly responsible and other responsible personnel of the unit deliberately pursue specific results that endanger society in the name of the unit. Intentionally, unit crime is the common understanding and will of unit members, which is strictly different from the personal understanding and will of unit members.
(3) The object of crime is the national financial management order. Formally speaking, illegal fund-raising is a process of capital operation, that is, by issuing stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates, the funds of unspecified objects are concentrated and formed, while investors (shareholders and creditors) in the world are often numerous and involve a large amount, which seriously undermines the national financial management order. Therefore, we suggest that the crime of illegal fund-raising should be included in the fourth section of Chapter III of the Criminal Law, so as to establish its due position in the whole criminal law system.
(d) The objective aspect of crime is fund-raising without the approval of relevant department J according to legal procedures. Mainly through the illegal issuance of stocks, bonds, lottery tickets, investment fund securities or other creditor's rights certificates to raise funds from unspecified social objects, and promise to repay the principal and interest or give other returns to investors in cash or in kind within a certain period of time.
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Regulations on Prevention and Disposal of Illegal Fund-raising
Twelfth the State Council financial management departments to deal with illegal fund-raising lead departments and local branches shall establish a monitoring mechanism for illegal fund-raising. The State Council financial management department and its branches shall, in accordance with the division of responsibilities, supervise and guide financial institutions and non-bank payment institutions to strengthen the monitoring of abnormal capital flows and other suspected illegal fund-raising behaviors.