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民间融资法律责任在我国现行民间融资法律体系中存在不足,民事责任缺乏明确的规定,行政干预预警机制缺失及行政责任未落实,以非法吸收公众存款罪、集资诈骗罪为代表的刑事责任过度强化。作为调控民间融资行为的法律责任规则与民间融资的现实需求明显不适应,亟需建立科学合理的民间融资法律责任体系。需要明确民间融资的民事责任,强化民间融资引导与规范性的行政责任,弱化民间融资刑事责任。
The legal liability of non-governmental financing is deficient in the current legal system of private financing in our country. The lack of clear rules on civil liability, the lack of early-warning mechanism for administrative intervention and the failure of the implementation of administrative responsibility, the over-strengthening of criminal liability represented by the crime of illegally absorbing public deposits and fund-raising fraud . As the rules of legal responsibility for regulating private financing, the actual demand of private financing is obviously not suited to the need of establishing a scientific and reasonable system of legal liability for private financing. It is necessary to clarify the civil liabilities of private financing, strengthen the guidance of private financing and normative administrative responsibilities and weaken the criminal liability of private financing.