Analysis Report On Illegally Absorbing Public Deposits By Yanbian International Trade Building

Studies have shown that state-owned enterprises,30%of the total number corporation in China,to obtain 70%of bank loans.This also contributed to the actual development of folk lending.To a certain extent,folk lending does ease the financing difficulties of private enterprises.However,on the other hand,the prosperity of folk lending has also increased the number of cases of economic crime.The report of the Supreme Court's work in 2015 showed that the number of new cases of Fraud in Financing increased by 48.83%,and cases of crime of Illegally Absorbing Public Deposits rose by 127.38%.The practical effect of the severe punishment brought by the application of the law is not satisfactory,illegal fund-raising cases not only still emerge in endlessly,but also scale and amount of the crime presents the trend of increased year by year.In practice,such a case to impose such severe punishment,the crime was criticized by some scholars in the theoretical circles of the law criticized the crime as a pocket clause.This paper will take the Yanbian International Trade Building case of Illegally Absorbing Public Deposits as the research starting point,through a detailed analysis of the various elements of the crime,and according to the judgment of the case and the actual case analysis,seek the focus problems in the judicial practice that:the Public,Publicity to the Public,Disrupting Financial Order.The legal interest of this crime is the order of deposit and loan management of financial institutions,the inherent implication of this order is the currency as the carrier of national credit.The bank is monetary implementer of deposits and loans,because the indirect financing function of banks can have a great impact on the national economy,it is necessary to protect the legal interests of the most severe criminal law regulation.Combining with the case of Yanbian International Trade Building,seeking to analyze the legal interests of the crime,what the social harmfulness is.Through the case to promote the understanding of the theory,in-depth analysis of the jurisprudence,from the angle of hermeneutics,interpretation of constitute the crime.In order to clarify the law of each concept,put forward the guiding suggestions of the case.To rethink the rationality of Yanbian International Trade Building case's judgment,combined with the understanding of the legal interests of this crime,with the theory to guide the practice of judicial recognition,period to have the general guiding significance of similar cases.This paper is divided into four chapters:The first chapter introduces the purpose,significance and research methods.The second chapter introduces the constitution and evolution of the crime of illegally absorbing public deposits,and introduces the basic information of Yanbian International Trade Building case.To summed up the focus of the case,through the study of the trial record and judgment of the case,and with comparing to the views and reasons of the prosecution and defense in the court.The third chapter is to explain the problem in theory,compare the objective and subjective elements of crime and similarities and differences of the crime,then system analysis social harmfulness of crime.Analysis of the crime based on legal interests,the concept of further interpretation.To use of criminal law theory,combined with the specific situation of Yanbian International Trade Building case,detailed analysis and determined the elements of this crime.Considering the specific circumstances of the case,the use of theory combined with the practice,thinking about the other possibilities of the case.The defendant argued that innocent reason can not be established,however,because of the promulgation of the new judicial interpretation,it might be possible to reduce the applicable circumstances.The fourth chapter:to avoid the criminal law of private enterprises financing,put forward corresponding suggestions through the warning role of the case.