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The Research on Legal Liability of Non-governmental Financing

Author: LiQiFei
Tutor: LiYouXing
School: Zhejiang University
Course: Law
Keywords: Private financing Liability Civil liability Administrative responsibility Criminal responsibility
CLC: D922.28
Type: Master's thesis
Year: 2011
Downloads: 690
Quote: 1
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Abstract


Sun Dawu case , Wu Ying fund-raising fraud occurs that makes private financing once again become the focus of public attention . What kind of private financing is legitimate, is protected by law ; What kind of private financing is not permitted by law ; conduct private financing activities should bear the legal responsibility is like. In practice, the existing legal provisions in this regard rather vague , not easy to distinguish . It is due to the imperfections of the legal liability system , all kinds of private financing and debt disputes , the number of criminal cases increased significantly to financial stability and economic development has brought a greater negative impact . Therefore , at this stage to carry out acts against civil liability regime financing research on China's private finance legislation and judicial practice is extremely important practical significance. First, from the behavior of private financing as well as civil liability regime financing behavior definition, and in this act on the basis of private financing and legal responsibilities for classification, explore private financing legal liability system functionality and value. Private financing liability with guide function, educational function , punitive function and relief functions ; private financing liability value is reflected in the maintenance of normal financial order , protect the legitimate interests of the legitimate private financing to promote economic health and sustainable development , thereby maintaining social order , but also on the pursuit of justice and fair value somewhat . Secondly summary and review of legal liability system on private financing of legislative situation , to clarify the current legal liability system of private financing rationality of existence , and from the civil and administrative responsibility , criminal responsibility of the three angles pointed out the legal obligations under the private finance there are legal issues. Finally targeted financing for our civil liability regime put forward relevant suggestions for improvement : the establishment of private financing civil protection mechanism , strengthen the administrative responsibility of private financing early-warning mechanism, a clear criminal incrimination private financing mechanisms , changing private financing liability set angle.

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CLC: > Political, legal > Legal > Chinese law > Financial Law
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