译成英文吧？呵呵China's civil financing status analysis and countermeasurestheOn May 25， 2005， the people's bank of China issued the 2004 China regional financial operation report， the first formal recognition to the legitimacy of financing， and folk to its position as the formal financial strength of Personalized lending has become a regular at a beneficial supplement of the financial situation， in undeveloped areas appear more It usually refers to the collective and individual citizens between each other， take the credit provides direct interest negotiable， clinch a However on folk financing policies， laws and regulations， and lack of folk financing is not properly guide， which not only contain the healthy development of the folk financing， financing and folk spontaneous and concealment， still can give a financial market with unstable Therefore， the correct guiding non-governmental financing， financing in China folk reasonable pushing the healthy development has the important practical Keywords: folk financing， Current， countermeasures
As China's socialist market economy， financial system reform and the liberalization of financial markets， more and more people have not satisfied with only the interest earned by banks and instead to seek a higher rate of return on other investment opportunities Endless variety of illegal fund-raising activities， the acts of great social harm， seriously disrupting the country's financial supervision order， there is probably also caused by social unrest， the impact of a harmonious society construction Fund-raising fraud our country are more typical financial fraud， a charge many have happened in recent years， the harm is enormous， the people of the state and resulted in a greater loss of In this paper， to raise funds from the analysis of elements of fraud are starting to fund-raising fraud to explore the difficult The full text is divided into six parts: The first part， an overview of the fraud on crime causes and many of the hair to raise funds to defraud our country about the legislative background， June 30， 1995 the Eighth National People's Congress Standing Committee adopted at the Fourteenth Meeting of the "financial damage on the punishing decide the order of a crime "to the crime of fraud and other financial fraud crimes from ordinary separated fraud， This is my country to raise funds to defraud the first official The Penal Code in 1997 will be guilty of this crime be changed by the acts of results (amount of) committed to increase the "greater amount" requirement of "substantial" as a fund-raising fraud constitutes an essential element of the strict provisions of the death penalty conditions apply， so that the crime of fraud tend to improve the And then analyzed the composition of fund-raising elements of fraud and other issues that fraud is the crime of violating the country's financial supervision order and a double object of public and private property Subjective intent was only directly， indirectly， intentionally and does not constitute a crime of The second part of the crime of illegal financing of the meaning and characteristics of the Introduction of China's treatment of illegal fund-raising behavior of policy documents， consider the characteristics of illegal fund-raising has the first act， in accordance with the law without the approval of relevant departments， including the approval of the approval of the department authority to raise funds as well as the Department has approval authority to raise funds beyond the approved authority; Second， the commitment to give at a certain period of time the investor The form of debt service divided by the main form of currency， but also in kind or other forms; Third， to the community that is targeted to raise the public funds; Fourth， to the legal form of fund raising to cover up their illegal Consider， it is necessary to accurately grasp the characteristics of illegal fund-raising laws， the need to raise funds from the illegal fund-raising and legal and legitimate distinction between non-governmental lending perspective to The third part of the crime of fraud "illegal possession of purpose" Consider the crime of fraud "for the purpose of illegal possession" refers to acts with a person at the subjective illegal to raise funds to get the whole In other words， acts of fraud through the implementation of people， so that investors and property investors from the actual and effective control， and placed the individual offender or under the control of the Consider the purpose of illegal possession constitutes a crime of fraud， one of the necessary elements do not have the subjective purpose of the act should not constitute a fund-raising In practice， it is necessary to combine the subjective and objective factors General actors determine the purpose of illegal That the criminal law on the possession of the property are carried out in fact refers to the control， management Refers to the illegal possession of illegal conduct on the property in fact dominated Not only that， but also to exclude the property owners of their means of effective The fourth part of fund-raising fraud unit constitutes a problem of that analysis， the unit identified the main issues of his own Legal persons or implementation of fund-raising fraud， and afterwards ratified by the legal persons or units， and to the corporate crime of illegally acquired or units are legal persons or units in crime; to legal persons or units in the name of the implementation of acts of non-service， non-authorized acts， legal persons or units after the non-ratification of， and so on an individual Article on the addition of some special cases have also been summed up， such as: do not have legal personality of the units set up in illegal activities， or for the establishment of the crime to the main content of the activity， do not think that is a crime units; to commit this crime The unit is responsible for the executive officers and other personnel directly responsible for the
With the establishment of the socialist market economy， the financial system reform and financial market， more and more people have not satisfied with just earn interest to seek the bank rate higher other investment All kinds of illegal fund-raising activities to emerge in endlessly， the behavior of social harmfulness greatly， disrupting the national finance supervision order， also can cause social unrest， the influence of social harmonious construction Funding is our financial fraud crime of a typical charges， in recent years， the more harm is huge， to the country and the people and property caused a bigger Based on the analysis of the components of the financing， financing difficult problem of The article is divided into six parts:The first part， this paper elaborates fund-raising， causes of fraud crime and suggested that the legislation on financing background， 30 June 1995， the eighth National People's Congress and the standing committee of the 14th meeting through the financial system concerning the punishment of the crime of destroying decision of financial fraud crime of fraud of funds from ordinary fraud in separation of funds， this is our country the first formal legislation In 1997 by the criminal act committed to this will make the amount (increased)， a large amount of "regulation"， "large amount of funds for the" as the constituents of the death penalty， strict rules applicable conditions， which collects the perfect crime And then analyses the elements of financing， financing problems such as that of the national financial fraud of infringement is private property regulation and double Only for directly intentionally subjective aspect， indirect intentional and faults are not constitute this The second part of this illegal funds， the definition and features of To deal with illegal funds in China are introduced， and the related policy document behavior characteristics of raising funds illegally behavior that are first， without the approval of relevant departments according to law， including without approval authority approved by departments of funds and the examination and approval authority departments approved funding， Second， in certain period commitment to investors to repay captital with Servicing form by monetary form， also includes mainly by forms or other form， Third， social not specific objects， namely， social public raise money， Fourth， to cover its legal form of raising funds Think， we should grasp the legal characteristics， raising funds illegally from illegal funds and lawful funding and legitimate civilian lending to consider the Angle The third part of funds， "the purpose of illegal possession" fraud is Think of the crime of fraud in financing "for the purpose of illegal possession" refers to the person in the subjective has raised funds will be illegal for some Also， the person that by fraud， make investors from the real property investors， effective control， and in the unit or individual offenders under The purpose of illegal possession is that constitutes one of the essential elements of funds， does not have the subjective and objective behavior， cannot constitute a fund-raising In practice， according to the subjective and objective factors synthetically judgment due the purpose of illegal Think of the criminal law refers to possess wealth for the control and management of Detinue illegally refers to the goods are in fact， not only such， have the person of its own property ownership of the exclusion of effective The fourth part of a crime， the financing problems were analyzed， and the main problems for units were put Legal person or organization in the unit of natural person or by post within the scope of implementation unit name collects fraud， without the person or persons to agency unit name collects fraud， the legal person or the unit after ratification and illegal income to crime， the legal person or entity or the unit crime， With the implementation of corporate or unit name FeiZhiWu behavior， unauthorized act， the legal person or not， after unit of crime， Based on some special cases are also were summarized， such as: have no legal person qualification for illegal activities and the establishment of the unit， or in implementing crime after the establishment of the major activities， and to believe to be the unit crime， To make this unit in charge directly responsible and other personnel are
Our country folk financing present situation analysis and the countermeasure research abstract on May 25， 2005， the People's Bank of China had issued "in 2004 Chinese Region Finance Operational report"， acknowledged the folk financing validity officially for the first time， and its localization for regular financial supplement At present the folk lent money already became regular financial the beneficial supplement， this kind of situation owed the developed area in the economy to display It usually is refers to the resident personally the credit which and provides mutually to the collective， generally adopts the interest to discuss in person， direct deal However the present our country about the folk financing policy， the laws and regulations is deficient， folk financing not yet is under the correct guidance， not only this has contained folk financing further healthy development， moreover as a result of folk financing spontaneity and confidentiality， will also give the money market to bring the stabilizing Therefore， guides folk financing correctly， promotes folk financing to have the vital practical significance without doubt reasonably in our country's healthy Key word: Folk financing; Present situation; The countermeasure translates into above writing Chinese， please do not use the translation tool and the online translation， otherwise does not give the minute!
