Judicial Determination Of Illegal Absorbing Of Public Deposits Crime

Private finance is a hot issue in contemporary Chinese society. With the deepening of reform and opening up, Private Finance and the collision of national laws is intensified. Implement the criminal law section, one of the key charges of illegal deposits from the public crimes. But from the sin of the country illegal deposits from the public included in the penal law, the dispute identified by the judicial theory of the profession and practitioners of the crime prevalent. This article attempts to capture the concept of guilt of the crime, the main distinction between eligibility and objective elements are identified with the at-risk behavior, and completed standard practice, the most controversial issue discussed. The full text is divided into five parts:The first part is illegal absorbing of public deposits crime overview, introduces the concept of the crime of illegal deposits from the public, history and protection of legal interests. Through the historical perspective of the legislative process of the crime, the legal interest definition to clear the legislative intent of this crime, the following elements of assessment set the value orientation.The second part is illegally absorbing deposits from the public guilt of the crime concept assessment, specific discussion of the guilt of the crime easy to argue that several concepts. The author points out that the concept of "illegal" is a violation without the approval of the banking regulatory authority under the State Council or the deposits qualification but a violation of the provisions of the bank deposit interest rates, illegally absorbing deposits as a business; pointed out that the recognition of the concept of "public" must seize the behavior openness of the point to the object not specific, the general applicability of the perpetrator and the depositor interests of the contact and the behavior of these four characteristics; disrupting financial order as the results of crime, this crime should belong to the necessary objective elements.The third part is illegal to absorb the main body of the crime of public deposits identified. Natural person for this crime, often with the main characteristics of units under the guise of crime, the part of the first described how to distinguish between natural persons in this crime the main unit of the main, and then based on the principle of "legality", the legislative intent of the two major reasons to conduct feasibility studies, pointed out that financial institutions deposit the right to operate is also of this crime, eligibility body.The fourth part is illegal to absorb the identification and evaluation of the objective elements of the crime of deposits from the public. The part of the first analysis of this crime of illegally absorbing deposits from the public and covert illegal to absorb deposits from the public two basic behavior in practice, to summarize their common characteristics; then analyzes the object of this crime, to point to the deposits from the public.". Next, according to the legal deposit and lending procedures, the "high interest" accurate qualitative and practical feedback for three reasons, that the high interest rates deposit-pursuing by the deposit on behalf of "the behavior can not be identified as the crime of illegal deposits from the public. Finally, the payment of interest on capital preservation,"entrusted with financial management" behavior does not have a fiduciary relationship, to reflect the wishes of our customers, risk customers ego "trust management" features, in essence, is a disguised form of illegal deposits from the public’s behavior, resulting in serious consequences should be identified as the crime of illegal deposits from the public.The fifth section discusses the identification of illegal absorption of public deposits crime consummated standard the part of the subjective aspects of this crime directly deliberately, starting from the two aspects of the theory and practice, pointing out that this crime should be committed as a result, whether it should be accomplished to whether caused by the fact that the consequences of disrupting financial order "shall prevail.