Research On The Crime Of Illegal Absorbing Public Deposits

The capital plays an important role in the rapid development of economy. The direct finance and the indirect finance are the main mode of financing in China. It is almost impossible for medium-size businesses and individual to use the bank loans to product or to seek listing. The bank and stock market cannot solve the problem of shortage of funds on the market investment. It is very common for someone to absorb the deposits from the public. The commercial banks and other institutions are allowed to absorb public deposits under a license through legislation in our country. If someone engage in the behavior which absorb public deposit without permission, it will be a crime. The provision conflicts with the economic practice. Some cases have been investigated which caused widespread concern in the society. The crime of illegal absorbing public deposits become the focus of controversy. On the one hand, with the rapid development of private economy, the trend of legalization of private financing activities are becoming more and more obvious. On the other hand, the crime is very dangerous to private economy. According to the judicial practice in recent years, the cognizance of the crime of illegal absorbing public deposits has a magnified trend which is contrary to break the financial monopoly and encourage competition in the financial market. There is a bigger dispute question in theoretical circles. In the case of the legalization of private financing, we need to seriously discuss a question which is whether to abolish the crime of illegal absorbing public deposits.The article is comprised of four chapters.The first part is the overview of the crime of illegal absorbing public deposits. The chapter1contains three subchapters. The first subchapter "The concept of the Crime of Illegal Absorbing Public Deposits" mainly introduces the concept of the crime through the provisions of the criminal law. The second subchapter "The Legislative History of the Crime of Illegal Absorbing Public Deposits" mainly introduces the legislative process of the crime from nonexistence to pass into existence. The third subchapter "The Constitutive Elements of Illegal Absorbing Public Deposits" mainly introduces its criminal object, objective elements, criminal subject and subjective elements. This subchapter also illustrate the typical view.The second part is the legal analysis of the crime of illegal absorbing public deposits. The chapter2contains three subchapters. The first subchapter "Discrimination on Legislative Purpose the Crime of Illegal Absorbing Public Deposits" mainly introduces the legislative purpose and the analysis of the author. The second subchapters "Whether the Absorption of Public deposits into incriminate Is Undue Restrictions on the Legal Rights" mainly introduces the difference between this crime and the legitimate private lending behavior and private financing activities. This subchapters also analyses the restrictions on the legal rights. The third "Whether the Crime of Illegal Absorbing Public Deposits Hinder the Development of the Market Economy" mainly introduces several questions that whether hinder the development of the market economy or hinder the legalization of private finance or hinder the free competition of financial market.The third part is the denial view of the crime of illegal absorbing public deposits. The chapter3contains two subchapters. The first subchapter "Negative View on the Crime of Illegal Absorbing Public Deposits" mainly introduces some viewpoints on the abolition of the crime of illegal absorbing public deposits. But some people wish to move an amendment to this crime. The author will put forward his views on this crime. The second subchapter "The Dispute Questions In the Legislation of the Crime Illegal Absorbing Public Deposits" mainly introduces some controversial that hinder the development of the private financing activities in judicial practice on the crime of illegal absorbing public deposits in our country.The fourth part is research on the legislative perfection of the crime of illegal absorbing public deposits. The chapter4contains two subchapters. The first subchapter "The Imbalance Regulation of Behavior of the Crime of Illegal Absorbing Public Deposits" mainly introduces the reasons on the imbalance and the present conditions. The second subchapter "The Reasonable Suggestions for Improvement of The Crime of Illegal Absorbing Public Deposits" mainly introduces several suggestions of legislative perfection on this crime in the present penal system of the financial crime. So it is reasonable to solve the problem of private lending behavior in order to protect the legal private financing activities.