Legal analysis: 1. New characteristics of the problem of online fund-raising fraud

1. More people involved and a wider geographical scope

2. The speed of crime occurrence is faster Faster, and the impact is also increasing

3. The relationship between criminals and victims is no longer mainly ordinary acquaintances

4. The number of homosexual crimes has decreased

5. Currently, it mostly occurs in the P2P field

2. Response policies to the problem of online fund-raising fraud

1. Straighten powers and responsibilities and strengthen information communication between financial regulatory authorities and local financial management departments

2. Strengthen industry self-discipline, implement bottom-line standards and negative list management models

3. Make full use of big data technology

4. Control false propaganda

5. Accurately understand the relationship between market access and market threshold

6. Strengthen self-organized service work

To sum up: Compared with ordinary illegal fund-raising, the Internet The problem of fund-raising fraud has the characteristics of wide scope, rapid spread and low recognition. The Internet industry is an emerging industry, and there are still many loopholes in management. Many problems have not yet been exposed. It is not yet certain whether it is illegal fund-raising, which undoubtedly increases the difficulty of identification. This requires improving the Internet management system from many aspects, actively encouraging investors to start businesses, while setting some thresholds, controlling false propaganda, etc. to prevent illegal fund-raising due to entrepreneurial failure.

Legal basis: Article 266 of the "Criminal Law of the People's Republic of China" Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be sentenced to or A fine shall be imposed alone; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined. money or confiscation of property. If this law provides otherwise, the provisions shall prevail.

On March 1, 2011, the Supreme People's Court and the Supreme People's Procuratorate issued the "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud". The following are some explanations on the specific application of law in handling criminal cases of fraud. Article 1 Anyone who defrauds public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be deemed to be the larger amount specified in Article 266 of the Criminal Law respectively. The huge amount is particularly huge.