The Theory Of Crime Of Illegal Absorb Public Deposits Of Judicial Cognizance

In recent years,China's illegal absorbing public deposits crime rates rise year by year,the amount of crime is increasing,the number of people involved more and more,the range is more and more widely.In the judicial practice also appeared qualitative error,heavy penalties misdemeanor,felony light qualitative phenomenon such as punishment and sentencing misconduct.The illegal absorbing public deposits crime also widely criticized by scholars and the general public.The reason,on the one hand,is the blank facts of crime and ambiguous laws.On the other hand,the crime forms and means changes quickly,and gradually extended to the network,which make it difficult to cognize.In this article,the author will face to face with the controversy,divided into four chapters to discusses the judicial cognizance of the crime of illegal absorb public deposits.Chapter one starting from the constitutive requirements of crime of illegal absorb public deposits,combined with the supreme people's court has issued which named Interpretation of several specific issues concerning the application of law in the trial of criminal cases involving illegal fund-raising to analysis the crime of illegal absorb public deposits identified problems in practice.Not only to explain the influence of the criterions for the conviction to return to raise funds and use of fund,and also to the controversial nature of the \ "deposit\" shall be clear.The article second chapter discusser the forms of the crime of illegal absorb public deposits.Compare to the new crime which are derived from internet and the pattern and the traditional way of behavior of criminal offense of illegal absorbing public deposits,comparison.Through the typical cases,summed up the \ "Internet +\" mode of new features of the crime of illegal absorb public deposits,provide reference for judicial practice.mainly discusses the forms of the crime of illegal absorb public deposits.Part three uses empirical research methods,innovative researching a special form of crime of illegal absorb public deposits,including the constitution of the crime of illegal absorb public deposits accomplice,behaviormade and make the results of the debate as well as the crime of illegal absorb public deposits unfinished form.The forth chapter discusses the problem of illegal absorb public deposits crime punishment people.Judicial practice department in handling cases of illegal absorbing public deposits shall adopt "first the punishment queen people" is not the appropriate way,easily don't complicate the case to the local.In addition,for cases of illegal absorbing public deposits funds in return difficult problem,this chapter also provides the solution.