本文通过对“吴英案”所涉及非法集资、集资诈骗罪的认定问题、刑法对民间金融干预等问题,以及金融犯罪的社会预防做了简要的论证分析。并且提出多部门联合执法、开放民间金融市场、加大监督力度等方式对非法集资犯罪做疏堵结合联动预防方式,以期能够合理地预防民间金融犯罪的发生。 This article through “Wu Ying case” involved in the illegal fund-raising, fraud found that the issue of criminal law on civil financial intervention and other issues, as well as financial crime of social prevention made a brief analysis. And put forward the multi-sectoral joint law enforcement, opening up the private financial market, increasing supervision and other means to do the illegal mobilization of funds to prevent and stop the combination of linkage, in order to be able to reasonably prevent the occurrence of non-governmental financial crime.