非法集资犯罪案件的侦查困境与侦防对策探析

The Investigation Difficulty and Countermeasure of Criminal Cases of Illegal Fund-Raising

近年来,日益猖獗的非法集资犯罪引起了理论界、实务界及社会公众的高度关注。非法集资犯罪高发态势明显,涉案金额巨大,参与人员众多,受害人群多元化,涉及众多行业和地区,跨区域、跨境甚至跨国实施,从现实社会向网络空间发展,犯罪职业化趋势日趋明显。这些特点决定了此类案件在侦查的启动、线索的查证、证据的获取以及侦查终结等环节存在着诸多困境。完善政策机制,提升政府监管能力;创新工作模式,提高打击处置力度;重视宣传教育,提升群众防范能力等,是预防和侦查此类犯罪的有效对策。

In recent years, the rampancy of crime of illegal fund raising has drawn attention from the theory circle, the practice circle and also the public. The crime of illegal fund raising has features such as obviouscrime rate increase, large amount of money involved in the case, large number of people participated, variety of victims and wide range of industries and regions. The crimes have been executedcross regions, borders or even nations, and they also extend from realsocietyto cyberspace. The professionalization of crimes has been more obvious with each passing day. All these features determine that there are many difficulties in links of the cases such as initiating the investigation, clue checking, obtaining of evidence and closure of investigation. The countermeasures to prevent and investigate this type of crimes are： perfection of policies and mechanism to promote the supervising ability of government; innovation of working modes to enhance intensity of striking of the crimes; attention paid to propaganda and education to hoist the public＇s ability to guard against the crimes.