The Cognizance Of The Illegal Absorption Public Deposits Of Sin

Sun dawu absorpts public deposits illegally case which happened in 2003 caused a great response in the legal profession and academia. Public opinion turned against the law for a time. Both parties focused on the behavior of Sun Dawu is a legitimate private lending or illegal deposits from the public. The court accourted that the crime of Sun Dawu was illegally deposits from the public. The case reflects several problems on the crime of illegal deposits from the public: what’s the constitute of the crime, how to identify the special forms of the crimeand,what is the relevant legal acts of the links and differences.Financial institutions with eligible for deposits from the public are not the main part for this crime.Illegal cognition error can not obstruct constituting the crime.In defining the scope of relatives and friends, the "Friends" should remove from the range, leaving only relatives.Defining whether disrupting financial order or not mainly from the amount of deposits from the public, the number of people, and the size of the losses caused by the depositor.The renewal amount need not to repeat calculating, interesting the deduction when loaning, according to the amount of interest on the principal amount after deduction to identify the total amount. Object of this crime is the financial management order.The common of the private lending and illegal deposits from the public behavior is entering into a loan contract and agreeding interest, the differences are whether the publicity and whether the perpetrator is a normal rational production on business purposes; trust management and the crime of illegal deposits from the public is operating the behavior to achieveing depositors capital appreciation, the differences are whether there is minimum guarantee clause and the whereabouts and use of funds is consistent with the contract.The crime of illegal deposits from the public is the results guilty.Constituting accomplished needs bring about the consequences of disrupting the market.Attempt of this crime should be the perpetrator’s behavior caused imminent threat of legal interest.The reasons which did not make the crime occurred is outside of the will.Suspend of this crime should occur before the perpetrator actually absorbed into a larger deposit amount Internal staff can constitute common crime, but there is no need to distinguish the principal accomplice, according to the circumstances of the crime to sentence is enough.Compliancing the constituted the crime with both this crime and allowed to establish the crime of financial institutions.If the perpetrator’s purpose is illegal deposits from the public,it shall be in accordance with the crime of illegal deposits from the public and giving a heavier punishment.Compliancing the constituted the crime with both this crime and the crime of unauthorizing companies issue stock,corporate bonds.According to the principles of common law applicable special law priority,convicted and punished according to the crime of unauthorizing companies issue stock,corporate bonds.The purpose of the law is to protect the rights of the people, the country’s stability and to promote economic development.In order to adapt to the current economic situation,identifying the is capital management.More in line with the actual situation of social reality.