On The Crime Of Illegally Absorbing Public Deposits

With the development of market economy, the occurrence of illegally absorbing public deposits becomes more common.But there are so many debating about the crime not only in theory but in the practice. As a worker, I have deep shorks.Therefor,the paper will combine the problems encountered in the practice and different points of scholars and then will explain my point of view about the elements of the crime and put forward some suggestions on the legislation of the crime.This paper consists of four chapters:The first chapter is “An overview of the illegal absorbing public deposits”.The chapter is divided into three sections. The section mainly introduces the Definition of illegal absorbing public deposits, legislative history and debate about existence and abolition of the crime.The second chapter is the purpose and structure of illegally absorbing deposits from the public and is the main part of the paper. The first section firstly put forwarding the legislative purpose of the crime. The second section is the elements of illegally absorbing public deposits. In the aspect of subject,we say financial institutions which can absorb the public deposits may constitute a crime. Is the object of this crime, analyzing the different viewpoints about the object theory, putting forward the object of this crime is the national financial management order. The third section is the elements of the crime, mainly introduces the crime problems in the constituent elements. whether illegal possession is restricted to credit purpose and whether the amount of crime is one of the elementsThe third chapter "the crime of illegal deposits from the public practice" is the essence of the paper. On the basis of these two chapters, discussing the problems of the crime in the judicial practice and expounds his views. In the first Section of this chapter on the crime and non crime boundary discusses the cognizance of the judicial practice "huge amount", "disturbing financial order", "public" and "accomplice", and how to distinguish between the crime and the private lending. And the second section discusses the difference between the crime and the crime of fraud.The fourth chapter is the end of the paper. Putting forward my own viewpoint to the crime.