The Judicial Cognizance About The Problems Of The Illegal Soliciting Depostits From The Public Offense

Since our country market economy into the reform and opening up, social forms, such as on the financing Mushrooms emerge in endlessly,but the disadvantages are highlighted. To raise money in the form of a novel diversification to conceal also triggered serious legal problems. Seemingly legitimate actually illegal financing behavior not only disrupt the financial order of our country, more likely to cause social public riots, influenced the stability of the country. Based on the problems of crime of illegal absorb public deposits as the main research content, through the analysis of the four elements of the crime constitution of this crime, lead to this crime related problems, and try to accurately judicial cognizance. At the same time to define this crime and other similar financial crime clear line between legitimate folk financing behavior.In this paper,the article is divided into four parts:The first part is about the overall grasp of this crime. This article begins with this crime legislation evolution and the first legislative purpose as a paper cut, by introducing the related case sums up the case features of this crime, and points out that this crime encountered in the confusion in judicial practice. Thrown further research about the meaning of this crime, the overall tone of this article and below the tone.The second part is about the main body of this crime and the subjective aspects of the research. The controversy over first analysis the main body of this crime scope, For those who have the qualification of deposit-taking financial institutions into sin, how to judge, through the introduction to make a comprehensive judgment in this chapter; Finally, the author then through difficult problems of this crime in the subjective aspect of controversy, In combination with related literature on this crime psychological attitude and subjective purpose to analyze the author's conclusion, etc.The third part is about the object of this crime and the objective aspects of the research.The object of this crime in the academic controversy is on, the author briefly discussed in this chapter, the first quarter,not to do much extended; And difficult problems of this crime in the objective aspect, especially large, in this paper, the results from the behavior characteristic behavior object of crime amount recognized in many ways, such as sorting and evaluation, and combining the theory of criminal law and judicial interpretation to answer respectively Total analysis.The fourth part is about the crime and the distinguish problem of financial crime legal folk financing behavior. This article through to this crime and the crime of fraud of the fund-raising,and to set up the crime of financial institutions and other crimes, Strive to find better able to distinguish and concluded that the key of the crime of illegal absorb public deposits. At the same time, the last section of this chapter through to the crime and the crime easily confused, pointed out that the nature of the folk financing behavior, and try to give the author thinks that the rationality between the distinguish between points.