非法集资类案件中的刑民交叉现象初探

Initial Probe into Interconnection between Criminal and Civil Laws in Illegal Fund-Raising Cases

非法集资类案件由于其自身特性往往交织着诸多的刑民法律关系,而上述刑民交叉现象又一直是困扰法学理论及司法实践的疑难问题,探讨这一问题具有重要的理论和实践价值。厘清"非法集资类案件""刑民交叉现象"两个概念,研究非法集资类刑民交叉案件的司法现状,深入剖析刑民现象产生原因,并立足公安经侦部门办案实际提出相应对策建议,具有极强的现实意义。

Because of their unique characteristics, illegal fund-raising cases are often involved in complicated relationship between criminal and civil laws, which are puzzles in judicial theory and practice. To probe into this issue has important theoretical and practical value. So it is of great practical significance to clearly clarify two concepts of "illegal fund-raising case" and "interconnection between criminal and civil laws", to study its judicial state of such cases, to conduct in-depth analysis of its causes and to suggest related countermeasures for ECID in handling such cases.