The Study On The Issues Of Illegal Deposits From The Public

The criminal object of illegal deposits from the public is the financial credit management order, the objective performance of this crime is the individual taking illegal deposits from the public or disguised deposits from the public, disrupting financial order. The subject is the general subject, i.e. the natural person above the age of 16 with criminal responsibility, and corporation can also be the subject of this crime. There is also subjective intent, and it can only be direct intent, the credit purpose not being the necessary condition.The differences of illegal deposits from the public and trust management, private lending limit are seen from whether there is particular object, rebate conforming legal standards, how the capital flows and the consequences. The boundary of this crime and fraud and fund-raising is whether there is the purpose of illegal possession. The crime of establishing financial institutions is establishing the financial institution that can handle deposit and loan business without permission of higher authorities, it differs with fraud and fund-raising in criminal object and objective aspects. The crime of illegal deposits from the public violates the legal interest of financial and credit management order. Issuing shares, company and corporate bonds not only endanger the supervision and management order of the market with national issued securities, but also harm the property interests of the massesIllegal deposits from the public is the crime committed, the legal consequences of the crime must occur before a crime accomplished. Helping high interest of deposit for obtaining loans does not make accessory offender of the crime of illegal deposits from the public. The middlemen illegally soliciting depositors and financial institution or individual criminal make a common crime. Establishing financial institution and illegal deposits from the public are often intertwined. If the individual establishes financial institution before obtaining illegal deposits from the public, should he be published for the heavier offense or for the two crimes both? It should depend on different conditions. Obtaining illegal deposits from the public through issuing shares, company and corporate bonds is Lapping of Legal Provisions, which applies to the principle of special law being superior to the common law. Issuing shares, company and corporate bonds and then obtaining illegal deposits from the public, the individual should be sentenced combined punishment. If the individual operates money laundering by underground banks, obtaining illegal deposits is a means for the ultimate purpose of money laundering, these two actions are thus connected. If the individual clearly knows the illegality of the deposits and the profit gained from the public, and help putting them into stocks, bonds, insurance and other financial areas, money laundering sentence should be considered. But if illegal deposits and money laundering are both implemented, and illegal deposits crime can not absorb the crime of money laundering, these two crimes should be sentenced combined punishment.