民间借贷、地下钱庄在我国由来已久,正常的民间借贷给公众提供了融资渠道,也缓解了借款人的燃眉之急,而受到法律保护,非正常的民间借贷则有可能构成非法集资类犯罪。近年来该类案件在我国正呈高发、逐年增长态势,司法实践中,对区分民间借贷与非法集资类犯罪普遍面临如何认定非法占有目的、诈骗手段及社会公众等法律适用疑难问题。浙江省人民检察院有关办案人员,结合具体案例,对相关案件办理中的法律争点进行了深入剖析,本刊特刊发此文,以期对司法实践认定非法集资类犯罪有所裨益。 Private lending and underground banks have long existed in our country. Normal private lending has provided financing channels for the public. It also alleviates the immediate needs of the borrowers and is protected by law. Non-normal private lending may constitute an illegal fund-raising crime. In recent years, such cases are showing a high incidence in our country and have been increasing year by year. In judicial practice, the problems of how to identify the purpose of illegal possession, fraud and social public are generally faced with the problem of distinguishing between private lending and illegal fund-raising. Zhejiang Provincial People’s Procuratorate on the handling of cases, combined with specific cases, the relevant cases handled in the legal issues in-depth analysis, the issue of special issue of this article, with a view to the judicial practice of identifying illegal fund-raising class benefit.