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近年来,全国各地非法集资活动高发,温州地区在2008年国际金融危机与2011年局部金融风波的影响下,非法集资案件数量也是激增,并呈现出收、结案数不平衡、涉案金额巨大、犯罪主体单一、犯罪手法多样、犯罪周期较长、被害人数众多等突出特点。现有法律对非法集资活动的规制手段比较严厉,但是其社会效果却不尽如人意。基于促进信息披露、市场信用良性培育的刑事规制内在逻辑,法律应将集资款用于正当经营或来源于亲友等情形纳入合理抗辩理由的范畴进行合理设置。
In recent years, illegal fund-raising activities have taken place in various parts of the country. Under the influence of the international financial crisis in 2008 and the local financial turmoil in 2011, the number of illegal fund-raising cases has also risen sharply. There has been an imbalance in the number of cases received and closed, involving a huge amount of money and crimes The main body of a single, diverse criminal practices, longer crime cycles, numerous victims and other salient features. Existing laws have more stringent regulatory measures on illegal fund-raising activities, but their social effects are not satisfactory. Based on the inherent logic of criminal regulations that promote the disclosure of information and the healthy development of market credit, the law should properly set up the funds raised for legitimate business or from friends and relatives in a reasonable defense.