从曾成杰集资诈骗案看民间融资的法律规制-法律学专业论文.docxVIP

Abstract On June 14, 2013 Zeng Chengjie’s death verdict was upheld, sealing his fate once and for all. The execution was carried out by the Changsha Municipal Intermediate Peoples Court on July 12. The execution of Zeng Chengjie, who was sentenced to death for fraud, grabbed the headlines recently .While blaming the court for not sending the family a notice before Zengs execution, the public also expressed doubts about the charge against him, namely fraud in raising funds. From beginning to end ,this case is controversial surrounding crime or noncrime , the lack of the process of asset evaluation .The practitioners and theorists have heated debate on it. Based on the details of this case ,the paper has an analysis of this event from the perspective of law and proposes some corresponding countermeasures and suggestions to avoid such disputes in the future. This paper is divided into four parts: The first part has a detailed review of Zeng Chengjie’s case ,and expounds the basis of the conviction of the Court, emphasis on the legislative authority of how Zeng constitutes crime of fraudulent fund raising. This part describes in detail since Zeng established his company in 2003, how the company had been growing rapidly relying on non-governmental financing. The second part analysis Zeng Chengjie’s case from the perspective of legal regulations. Firstly, we should discriminate non-governmental financing from illegal fund-raising from articles of law, this helps us to determine wether Zeng’s behavior guity or not.Then, this part combines the facts and the law to analysis the existing disputes in this case. The third part expouds institutional defects existing in non-governmental financing and related law and regulations.Firstly, this part clarifies the concept and characteristics of non-govermental financing within the scope of our law. Then, expouds why non-govermental financing rises in many places and it exists huge hidden danger, this lays the foundation for the foll