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近几年,非法集资犯罪可谓呈现出“井喷式”爆发态势,但是对非法集资犯罪的预防并没有得到应有的重视。随着市场经济的不断发展,此类犯罪也披着层出不穷的“新外衣”:主体日益多样化,手段日益复杂化,行为日益隐蔽化,影响日益严重化。目前治理非法集资犯罪的困境主要有二,刑事立法严厉而不严密,民行刑三方法律缺乏联动机制。本文针对非法集资犯罪预防建议主要有四点。完善刑事立法尤其是刑罚结构,构建非法集资犯罪民行刑三位一体责任体系,丰富民间投资产品、加强民众防范意识,树立预防与惩罚并重的刑事政策方向。
In recent years, the illegal fund-raising crime can be described as “blowout ” outbreak of the situation, but the crime of illegal fund-raising prevention did not get the attention it deserves. With the continuous development of the market economy, such crimes are also emerging in an endless stream of “new garments”: the subject is increasingly diversified, the means are increasingly complicated, the acts are increasingly concealed and the impact is becoming more and more serious. At present, there are mainly two predicaments in the management of illegal fund-raising crimes: the criminal legislation is not strict and stringent, and the three-party law of the people’s execution lacks a linkage mechanism. This article focuses on the crime of illegal fund-raising proposals for prevention there are four main points. Improve the criminal legislation, especially the penalty structure, build a one-person responsibility system for illegally mobilizing criminals and committing crimes, enrich private investment products, reinforce people’s awareness of prevention and establish a criminal policy direction that puts equal emphasis on prevention and punishment.