Journal of Northeastern University(Social Science) ›› 2018, Vol. 20 ›› Issue (4): 405-411.DOI: 10.15936/j.cnki.1008-3758.2018.04.012

• Law • Previous Articles     Next Articles

“National Regulations” and Judicial Judgment Standards for Illegal Fundraising——From Relevant Theories of Administrative Offenses

HU Yan-tao1, LIU Li2   

  1. (1. Rule-of-Law Economy and Rule-of-Law Society Research Center, South China University of Technology, Guangzhou 510640, China; 2. Legal Affairs Research Center of Liaoning Provincial Government, Shenyang 110032,China)
  • Received:2018-01-20 Revised:2018-01-20 Online:2018-07-25 Published:2018-07-25
  • Contact: -
  • About author:-
  • Supported by:
    -

Abstract: Illegal fundraising crimes include both “ndraising fraud”and other administrative offenses like “llegal deposits from the public” Focusing on “national regulations”, illegal fundraising cases can be divided into four types. The first type is legal fundraising which does not have the possibility of being considered a crime. The second type is illegal fundraising which faces administrative punishments and other consequences. The third type is illegal fundraising of administrative offences. This type of fundraising is considered “illegal” by the “national regulations” and satisfies the preconditions for illegal fundraising of administrative offences. Judicial organs can independently determine whether such fundraising behavior constitutes a crime. The fourth type is the illegal fundraising of criminal offenses which is not directly related to the “national regulations”. Internet Finance is recognized as legitimate by the “National Regulations”, namely Inclusive Financial Development Planning, and should not be considered a crime by the judiciary. "Local Regulations" and specific administrative acts of local government do not fall into the category of the “National Regulations”, and the identification of the nature of fundraising in view of the former should be censored in administrative proceedings.

Key words: Internet finance, illegal fundraising, blank facts about a crime, administrative offense, national regulations

CLC Number: