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近年来,我国非法集资类案件易发多发,其主要特点有:涉案金额大,受害人数多、范围广;均以高额利息为诱饵,骗取被害人信任;作案形式多样,欺骗性、隐蔽性强;追赃困难,维稳压力大。该类案件多发的原因主要是:社会闲置资金增多与投资渠道狭窄形成矛盾;企业融资需求活跃与金融市场不规范形成矛盾;群众急切求富的心理与淡薄的风险意识形成矛盾。在案件办理过程中,面临着定性难、取证难、干扰多的难题。为此,要注意案件办理效率与维护稳定的统筹兼顾;准确进行案件定性;严把案件事实和证据关;贯彻宽严相济刑事政策;结合办案做好法治宣传工作。
In recent years, the illegal fund-raising cases in our country are prone to occur frequently. The main features are: large amount of victims involved, large number of victims and wide range of interests; all use high interest rates as bait to cheat the victim’s trust; various forms of committing crimes, deceptive and concealed ; Recovering stolen goods difficulties, maintaining steady pressure. The reasons for the multiple cases of such cases are mainly: the increase of social idle funds and the narrow investment channels lead to conflicts; the active demand for corporate financing conflicts with the non-standardization of financial markets; the masses are anxious to seek prosperity and the weak awareness of risks form a contradiction. In the process of handling cases, it is faced with the problems of qualitative difficulty, evidence collection and interference. To this end, we should pay attention to the overall handling of efficiency and maintenance of the case; give an accurate case definition; strictly guard the facts and evidences of the case; implement the criminal policy of leniency and strictcy; and do a good job in publicizing the legal work in combination with handling cases.