Discussion On The Crime Of Illegal Pooling Of Public Savings Deposits

The Crime of Illegal Pooling of Public Savings Deposits which arises with the development of market economy is a kind of financial crime of highly incidence. It seriously disturbs the state's financial order, constrains the healthy economic development, imperils the public property, and impacts the social harmony and stability.The Crime of Illegal Pooling of Public Savings Deposits happens frequently in recent years. The typical and famous cases such as the case of SunDawu and the case of WuYing, make the crime known to all, which also interest me so much to research on the Crime of Illegal Pooling of Public Savings Deposits.The author used"the Crime of Illegal Pooling of Public Savings Deposits","article 176 of the criminal law"as key words and searched in the CNKI. Finally, the author found 378 pieces of relevant materials in the periodical full text database, 3 in the Master's academic dissertation database and 0 in the Doctor's academic dissertation database. The author also reads many books related to the Crime of Illegal Pooling of Public Savings Deposits so as to build the basis of theory.After researching into the above material, the author finds the controversial question in theory is whether the financial organizations which are permitted to deal with deposits can be the criminal subject of the Crime of Illegal Pooling of Public Savings Deposits; and in practice, it is difficult to distinguish the legal Private Lending from the Crime of Illegal Pooling of Public Savings Deposits. So the author needs to carry on a further study and discussion.Facing the controversial question that whether financial organizations can be the criminal subject of the Crime of Illegal Pooling of Public Savings Deposits in traditional theory, the author reaches a conclusion that the financial organizations which are permitted to deal with deposits should be included into the criminal subject of the Crime of Illegal Pooling of Public Savings Deposit in terms of the three reasons as follows: (1) The law article itself does not impose restrictions on the criminal subject of the Crime of Illegal Pooling of Public Savings Deposits; (2) Financial organizations also do harm to the society through illegally pooling of public savings deposits; (3) It violates the equality principle of market economy if these financial organizations will not be considered as the criminal subject of the Crime of Illegal Pooling of Public Savings Deposits.Concerned with the rising occurrence rate of new-type economic and financial crimes (including the Crime of Illegal Pooling of Public Savings Deposits ) in recent years, the author proposes that the punishment against qualifications, which means depriving the offenders of financial qualification, needs to be involved in the present penal system, for the purpose of punishing and preventing crimes, as well as promoting the development of financial market and maintenance of social harmony and stability.The thesis is comprised of four chapters:Chapterâ… gives an overview of the Crime of Illegal Pooling of Public Savings Deposits, containing the legislative history of the crime and the characteristics of this kind of cases.Chapterâ…¡researches into the definition and constitutive elements of the Crime of Illegal Pooling of Public Savings Deposits. The author indicates that the criminal object of the crime is the impartial competitive relationship of the financial organizations on pooling savings deposits. The objective elements are analyzed in the way of two behaviors including the illegally pooling and pooling in disguised form, as well as targets and consequences of the crime. As to the controversial criminal subject of the crime, the author considers that the financial organizations which are permitted to deal with deposits should be included into the criminal subject of the Crime of Illegal Pooling of Public Savings Deposits. The subjective elements refer to the direct intention without purpose of illegal possession.Chapterâ…¢focuses on the judicial determination of the Crime of Illegal Pooling of Public Savings Deposits. Firstly, the author analyzes the boundary between the crime and non-crime of the Illegal Pooling of Public Savings Deposits in terms of the amount of illegal deposits, and etc, and makes a distinction between the Crime of Illegal Pooling of Public Savings Deposits and Private Lending which are easily confused with each other in practical issues; Secondly, it discusses the distinction and connection between the Crime of Illegal Pooling of Public Savings Deposits and other related crimes, including the Crime of Fraudulent fund-raising, and the Crime of Establishing Financial Organizations without authorization.In Chapterâ…£, the author proposes that the punishment against qualifications should be involved in the present penal system of the financial crime (including the Crime of Illegal Pooling of Public Savings Deposits).