论民间融资的刑法介入

Discussion on the Criminal Law Interrupting Folk Financing

融资是企业得以存续发展的基础,由于当前民间企业通过正规银行贷款渠道并不畅通,企业为了能够生存发展,不得不通过民间融资的方式获取资金。但是由于法律的滞后性,关于民间融资的法律规定并不完善,各部门法之间的关系亦不协调,出现了刑法过早介入民间融资的现象,这反而不利于市场经济的活跃和民营企业的发展。为了顺应市场经济发展,从法律制度层面上,就需要民法与刑法,以及行政法与刑法之间相互协调,共同调整民间融资。

Financing is basical for enterprise survival and development. But the enterprise lending channel through formal bank is not smooth, the enterprises have to get funds through folk financing for survival and development. For the lag of law, the law on folk financing is not perfect and the relationships among the various departments are not coordinated. The phenomenon of early intervention by criminal law has occurred, which is not conducive to the development of the market economy and private enterprise. In order to adapt to the development of the market economy, it is necessary for civil law and criminal law as well as the administrative law to coordinate with each other from the perspective of legal system.