Illegal Absorb New Theory Of The Crime Of Public Deposits

The rate of exposed criminal cases of the illegal pooling of public savings deposits is always very high in juridical practice. Though they can be prosecuted for the criminal responsibility on the basis of Article 176 of the Criminal Law, the crime of illegal pooling of public savings deposits doesn't settle the problem successfully, for example, Wu Ying Case and Sun Dawu Case. The crime of illegal pooling of public savings deposits is the criminal responsibility in Criminal Law of Commercial Law. It should follow the interpretation of both Commercial Law and Criminal Law. This article tries to illustrate the crime of illegal pooling of public savings deposits and puts forward its point by the following four parts:the switching of visual angle of the concept of crime, the criminal norm of the crime of illegal pooling of public savings deposits, the legal interest of the crime of illegal pooling of public savings deposits, and the interpretation and judicial determination of the crime of illegal pooling of public savings deposits. This article contains four chapters:Chapter 1 "The switching of visual angle" contains three sections. Section 1 "the resurvey of the concept of crime" insists that the concept of crime not contain the traditional concept of social harmfulness but only possess two characteristics of criminal illegality and punishable in Criminal Law. Section 2 "The connotation of criminal illegality and punishable in Criminal Law" mainly introduces that the criminal illegality represents process principle of a legally prescribed punishment for a specified crime, and punishable in Criminal Law represents substance principle of a legally prescribed punishment for a specified crime. The punishable in Criminal Law in substance includes two dimensions of criminal norm and interest of criminal law. Section 3 "The relation of criminal norm and interest of criminal law" mainly introduces the breach of criminal norm, the infringing of interest of criminal law and the dualism of the synthesis of the breach criminal norm and the infringing of interest of criminal law. This article asserts that crime is the infringing of interest of criminal law when it is also the breach of criminal norm.Chapter 2 "The definition the criminal norm of the crime of illegal pooling of public savings deposits" contains two sections. Section 1 "The source of criminal norm" claims that the criminal norm should be confined to legal norm which is constitutional norm specifically. Section 2 "The criminal norm of the crime of illegal pooling of public savings deposits" insists that the criminal norm of the crime of illegal pooling of public savings deposits should be the constitutional norm which people's legal private property is protected by the Constitution Law. The constitutional norm is embodied by Artical 13 of the Constitution Law. Meanwhile, when this constitutional norm is used, its protection is comparative. That is to say, people should take the responsibility of the risk of the means and staffs of financial operation when they deal with their legal private property.Chapter 3 "The search of the interest of criminal law of the crime of illegal pooling of public savings deposits" contains two sections. Section 1 "The controversy of the interest of criminal law of the crime of illegal pooling of public savings deposits" mainly introduces controversy of the interest of criminal law of the crime of illegal pooling of public savings deposits. Section 2 "Disclosing the veiling of the interest of criminal law of the crime of illegal pooling of public savings deposits" points that the legislative history of the crime of illegal pooling of public savings deposits manifests that the crime of illegal pooling of public savings deposits is used to protect financial control order from the very beginning. However, the crime is the criminal responsibility in Criminal Law of Commercial Law represented by Commercial Banking Law. It should follow the interpretation of Commercial Law. That is to say, the interest of criminal law of the crime of illegal pooling of public savings deposits is financial trading order.Chapter 4 "The interpretation and judicial determination of the crime if illegal pooling of public savings deposits" contains two sections. Section 1 "The interpretation of the crime of illegal pooling of public savings deposits" interprets the crime of illegal pooling of public savings deposits from four keywords:"Illegal", "Pooling", "Public", and "Deposits". Section 2 "The judicial determination of the crime of illegal pooling of public savings deposits" mainly introduces that banks, popular banks and post office saving banks are proper subjects to crime. The disrupts financial order is the limit of extent of harm in the crime of illegal pooling of public savings deposits, and the disrupts financial order is decided by the amount and the range of savings deposits, and the loss to depositor. The section also discusses the distinction between the crime of illegal pooling of public savings deposits and private lending, consign financial management and private placement. Lastly, according to the theory of criminal patterns, this section mainly discusses the cease patterns, complicity patterns and quantity of the crime of illegal pooling of public savings deposits.