The Analysis Of Banking Illegal State’s Prosecution Imitation

The limitation of administrative prosecution means the time span in which thelaw-executor can impose the administrative punishments. Aitical29of the Law of the PRCAdministrative Penalty stipulates that the limitation of administrative prosecution can notexceed2years, and if the illegal acts is of a continual or continuous nature, it should becounted from the date is terminated. Whereas, the banking illegal acts are so complex that it isvery difficult to distinguish which acts are continual, which acts are continuous, or which areboth not.How to determinate the status of illegal acts are not illustrated by the active financiallaw, regulations and formulations, which brings big puzzlement to the banking lawman. Thisarticle puts great emphasizes on how to distinguish the banking illegal behaviors statesstanding the view of the administrative prosecution’s limitation, in order to solve the questionof the starting points of different states of illegal behaviors. Because our country bankingregulation law enforcement time is shorter and there is a deviation in regulatory enforcement,law needs further perfecting. A small bias error about the law enforcement will endanger theauthority of regulators, even bring to administrative cases. Therefore, to study the issue offinancial enforcement,is for the need of the correct exertion of the supervisory powers,for the need of the elevation of enforcement efficiency, and even for the need to safeguard thelegitimate rights and interests.This paper is divided into seven chapters: first chapter is introduction, mainly introducedon the status quo of limitation and behavioral state in our country and abroad. The secondchapter mainly expounds limitation, illegal behavior, the status of the basic concepts and therelationship of them. The third chapter mainly expounds the components of the illegal act, theillegal behavior and the relationship between the consequences, the purpose is to solve illegaldistinguish the differences and relations between illegal ACTS and consequences. The fourthchapter mainly introduces the principle of business process, principle of distinguish behaviorand consequence. Whole flow principles mainly solve the illegal behavior and behaviorcontinues state. The fifth chapter mainly on the banking sector according to specific casesillegal state analysis and classification. Chapter6is typical case analysis. The seventh chapteris this article’s conclusion; all kinds of banking illegal behavior are classified according to itsstate.In this paper, the prosecution limitation of banking illegal behaviors can be divided intothree kinds of states: instant, continual and continuous. The behaviors like changing thebanking names or addresses without official approval are the instant sexual violations. Thebehavior like establishing a commercial bank without official approval, or illegally receives money deposit from the public or receiving money deposit from the public in disguised form,are the continuous violation. All violations, if are satisfied the terms of homogeneity, repeatedand persistence, will be turned into the continual illegal behaviors. The scientificclassification to the banking illegal behaviors will be beneficial to ensuring the starting pointof the prosecution limitation.This article, viewing the theories of the illegal behavior state of the domestic and foreignadministrative law, criminal law and, to analysis current banking industry’s illegal behavior,establishes three principles: the whole process of deconstruction principle, the division ofillegal behaviors and illegal consequences principle, and the others principle. Then after usingthese three principles, and researching the representative cases and analyzing different typesof the banking illegal behaviors, the banking illegal behaviors could be divided into the abovethree categories. This classification result will correctly understand banking illegal status ofbanking industry and effectively guide the correct law enforcement.