Research On Crime Of Illegal Absorbing Public Deposits

The crime of illegal absorb the public deposit in our country is a higher risk of crime. Ithas experienced a process from scratch. In the current economic conditions.This crime causedmany arguments.The related cases in the society also caused a lot of attention.The supremepeople’s court on on November22,2010,through the on the trial of criminal cases illegallyaccepting the concrete application of law in the explanation of some issues，Further to thiscrime legislation of the perfect.The author writing the paper also want to on the basis ofabsorbing the public deposit sin illegal some problems are analyzed.This paper is divided intofour parts.Now of points as follows：The first part introduces the absorb public deposit sin illegal legislation evolution、Legislation and its foreign concept.For this crime is a overview.Its purpose is to this crime hasa primary analysis and explanation.In the1979criminal law in China and no provisions in thiscrime.It is with the development of our national economy.Under the conditions specified anddeveloped.Our country first in a series of separate regulations provide illegal absorptionpublic deposits of the relevant contents of sin.In1997the new criminal law the formal rulesillegal absorption public deposits of sin.The supreme people’s court on on November22,2010,through the on the trial of criminal cases illegally accepting the concrete application oflaw in the explanation of some issues,Further improved this crime.The charges in foreignlegislation early has a regulation.The author thinks that the concept should be illegal to absorbpublic deposit or in disguised form absorb public deposits.Disrupt countries to absorb thepublic deposit management system and international financial regulatory order behavior.The second part introduces absorb public deposit sin illegal crime.Absorbing the publicdeposit sin on illegal constituents circles explanations.The author thinks that the object of theinfringement was the nation of absorbing the public deposit management system andinternational financial regulatory order.With the objective of "illegal absorb public deposit"and "covert absorb public deposit" two kind of behavior.Main body is generally have theabsorption subjects include public deposit qualification of the financial institutions.Subjective aspect is deliberately and not limited to credit for the purpose of profit.The third part introduces absorb public deposit sin illegal judicial cognizance question.First of all to this crime into sin was analyzed, Analyses the how to identify this crime andlegal folk lending, Real estate sales of existing in the illegal behavior and this crime withabsorption and legal entrust financial difference. This part of the charges and the crime offraud of the funds without authorization, shares, the company or enterprise bonds thedifference between sin is defined. The ministry this part mainly by the supreme people’s courton the introduction of the judicial interpretation as the basis, the law and the way of thecombination of the case analysis, the above problems are analyzed. Points of the charges andthe crime of fraud of the funds without authorization, shares, the company or enterprise bondsthe difference between sin is defined. The fourth part introduces illegal absorption publicdeposits sin legislation. The author thinks that although to this crime have the provisions ofthe criminal law and the relevant judicial explanation, but to some problems, such as mainbody, expression, the penalty charge problems should be in the next question is still in the lawshall be further improved, so that the charges really play their due role.