非法集资行为刑法规制的立法完善

随着社会经济的发展,非法集资行为在司法实践中频频发生,这种不合法的融资行为严重影响我国的金融市场秩序,扰乱国家对金融市场的监管.而刑法对此规定还存在着“社会公众”界定不清、“非法占有为目的”界限模糊等问题.文章认为,应将非法吸收公众存款罪进行立法重构,并废除集资诈骗罪的死刑.

Perfection of Legislation of Criminal Regulation on Acts of Illegal Fund-raising

With the development of social economy, acts of illegal fund - raising occur frequently in judicial practice. These illegal financing behaviors have seriously affected China＇s financial market order and disrupted the national regulation of financial markets. However, there are some problems in relevant provisions in criminal law, such as unclear definition of ＂social public＂, and fuzzy boundaries of ＂the purpose of illegal possession＂. The author points out that the crime of illegally absorbing public deposits should be given legislation reconstruction and the death penalty of crime of fraud in financing should be abolished.