The Crime Of Illegal Absorb Public Deposits Related Studies

The situation is more serious in recent years, our country’s financial crimes, thecrime of illegal absorb public deposits is more outstanding. From the court accepts thecase, the number of cases of illegal absorbing public deposits increased year by year;The amount is bigger and bigger; Unit crime and transnational, cross-regional crimeincreased; Criminal means towards specialization, the new type crime appearconstantly; Criminals after splurging, transfer money, or hold a flight often happen,cause serious harm to the state and society. Starting from the protection of the normalfinancial order, or from the perspective of punishing and preventing crime of illegalabsorb public deposits, the in-depth study on the crime of illegal absorb publicdeposits has feasibility and necessity.Based on the literature and analysis, the author puts forward his own views andopinions on these problems and to deepen our understanding of these problems. Inthis paper, the thinking of writing looks something like this:The first chapter for the crime of illegal absorb public deposits legislationevolution and legislative reason. The main origin of the legislation of crime of illegalabsorb public deposits in China and introduces the legislation present situation, theexperience from scratch, from the administrative rules and regulations to separate criminal law, in the end shall be established in the97penal code, and through theprocess of judicial interpretation stipulates clearly.The second chapter for the crime of illegal absorb public deposits of crime subjectstudies. This chapter is divided into two sections, the first section mainly discussesdeposit management of financial institutions can work as a crime the main body ofthis crime; The second section mainly discusses the other financial institutions,including the establishment of, bankruptcy, be revoked business license, and so onand so forth in the financial institutions can work as a crime the main body of thiscrime.The third chapter for the objective aspect of the crime of illegal absorb publicdeposits problem research. This chapter is divided into four sections, the first threequarters mainly expounds several relatively obscure concept in the law, sort out allkinds of behavior characteristics, in order to better grasp this crime. The first sectionfor the understanding of this crime in the "public"; The second section discusses theunderstanding of "deposit". The third section discusses the understanding ofdisrupting financial order. The fourth quarter as the calculation problem of this crimecrime amount, this paper discusses the crime had to return before the amount ofidentifying disabled, before interest payments, the amount of renew behavior and thecalculation method of compound interest.The fourth chapter for the crime of illegal absorb public deposits of accomplicequestion research. This chapter includes three, respectively discusses the actor andwhether the agent constitutes the accomplice of this crime, unit and its members canconstitute this crime and the accomplice for loans to help sequestration of three kindsof situations.