优惠型单用途商业预付卡类非法集资犯罪的刑法规制

Criminal Law Regulation on the Crime of Illegal Fund-raising of Preferential Single Purpose Commercial Prepaid Cards

随着营销方式的创新,发行优惠型单用途商业预付卡逐渐演变成一种公开吸纳社会公众资金的融资手段。为吸引消费者持有预付卡,经营者通常会承诺一定的优惠条件;由于办卡时需预存现金,商家易借机通过大量发行预付卡非法募集资金,从事非法集资。该类预付卡往往针对不特定对象进行公开、大量发行,在我国目前行政监管缺位的情况下,运用刑法打击该类预付卡形式的非法集资犯罪具有重要意义。

With the innovation of marketing methods,the issuance of preferential single-purpose commercial prepaid cards has gradually evolved into a means of financing to attract public funds;in order to attract consumers to hold prepaid cards,operators usually promise certain concessions;because cash is required to be deposited in advance when handling cards,businesses can easily borrow a large number of prepaid cards to illegally raise funds and engage in illegal fund-raising.This kind of prepaid card is often issued in public and in large quantities for unspecified objects.In the absence of administrative supervision in China,it is of great significance to use criminal law to crack down on the illegal fund-raising crime of this kind of prepaid card.