Research On Disputes Of The Crime Of Illegal Absorption Of Public Deposits

The crime of illegal absorption of public deposits,as the basis of the crime of illegal fund-raising,has always been controversial.This crime belongs to the administrative offense in the criminal law theory,so we can refer to the relevant administrative department's opinion or the relevant administrative departments to formulate the specific crime.However,the final determination whether the crime of illegal deposits from the public must still be based on the criminal law and the judicial organs independently defined.On the subject of this crime,it is necessary to have the ability to absorb public deposits of financial institutions to exclude the illegal absorption of public deposits of the main scope of crime,in order to maintain the integrity and coordination of the criminal law system.The illegal absorption of the object of the "public" must be interpreted in a specific way,can not be generalized,can not be based on the interpretation of the judicial interpretation of the rigid understanding,must be combined with specific cases to determine the extent of violations of legal interests.If the customer service is the key guarantee commitment to distinguish the general legitimate trust management and civil action constitute the crime of illegal absorbing public deposits,but still need to combine with the crime of illegal absorbing public deposits crime to further cognizance.That includes generation as a commodity trading behavior of breed type is established fund-raising transaction,not return whether to pay labor,the key is to see the investment behavior of transactions in the investment side of the investment and return on investment is consistent with the general laws of the market sense.The illegal use of funds does not affect the quality of the crime.Whether the purpose of illegal possession is the key to distinguish the crime of illegal absorption of public deposits and fund-raising fraud.In the practice of illegal sequestration is often a continuous changing dynamic process,two crime easy transformation,must understand the cognizance of the judicial interpretation of "illegal possession",and then determine the two crimes.Not the use of unauthorized issuance of shares,companies,corporate bonds illegal fund-raising behavior identified as unauthorized issuance of shares,corporate bonds,corporate bonds and not identified as the crime of illegal deposits from the public.Unauthorized issuance of shares,corporate bonds,corporate bonds can also constitute a crime of illegal deposits from the public.Not in the case of illegal deposits from the public to exclude the possibility of the crime of illegal business.For the crime of illegal absorption of public deposits,the completion of the crime is mainly focused on the behavior of the crime and consequential offense.If the behavior of the crime itself can be attached to the conditions,it is found that the crime of illegal deposits from the public is more reasonable behavior offense.If you think that the behavior can not be attached to the conditions of the crime(that is,do not consider the existence of acts),it can be said that the crime of illegal deposits from the public to identify the behavior of the crime,is a compromise of acts of crime.No matter what the judicial authorities do not achieve the completion of the illegal behavior of the deposit,the theory of illegal deposits from the public crime is the existence of attempted crime.It is difficult to identify the accomplished,not to achieve the standard or the completion of the completion of the case is still in doubt can be identified in accordance with the crime of illegal deposits from the public to commit crimes and to give appropriate punishment.This can be resolved in the qualitative behavior,but also successfully reflected in the sentencing,the real criminal responsibility consistent.It is only in the sense of the criminal law that the essence of the legal interest is infringed upon(or caused by the danger).