Definition On The Criminal Of Illegal Absorbtion Of Public Deposits From The Perspective Of The Judgment Re Huaxia Bank Financing Gate

From the perspective of the first and second trial decision of "HuaxiaBank Financing Gate", this paper starts from the case facts and thecontroversial decision, elaborates the case background, analyses if thereare the factors which are preventive illegitimacies of the case, explainswhy the limited partnership investment was regarded as absorption ofpublic deposits, and dwells on why judgment regarded this case is apersonal crime, based on the difference of personal crime and unit crimeand illustrates the reason that the sales agent should be punished undercriminal law under the theory of complicity. In addition, the essay tellsthe difference between the crime of illegal absorbing public deposits andthe crime of fraudulent fund raising, based on the analysis of whetherWei’s behavior constituted the crime. Furthermore, it focuses on the explanation of the purpose of illegal possession by way of reversepresumption to the result, analyzes the constitution of the crime offraudulent fund raising and compares it with the crime of illegalabsorbing public deposits in terms of the object of crime, the countingmethod of the crime-related amount and the measurement of penalty.Finally, this article puts forward suggestions from the angles of bothprotecting the financial innovation and combating the crime.