Research On The Crime Of Illegally Absorbing Public Deposits In China

In recent years,our country's illegal fund-raising crime in criminal law instead of a harsh repression showed a trend of decrease,but increasingly rampant,in the form of continuous renovation,playful tricks.As one of the main forms of illegal absorb public deposits crime is,even in the relevant legislation departments have issued a harsh punishment,still have intensified trend.To further crack down on the crime of illegal absorbing public deposits,maintaining the social stability,the standing committee of the National People's Congress and the central,the supreme people's court,the people's bank of the departments have issued by the general office of the state council provisions,and repeatedly illegal absorbing public deposits as target objects,but the reality of the results is still not satisfactory.Continuous,severe law does not effectively curb the social phenomenon,but has maintained a high momentum,it needs us to think from the Angle of legislation regulation and improve it a problem: when the prohibition of illegal absorb public deposits become a kind of phenomenon,so severe laws regulating and so big crackdown both at the same time,why will appear in a certain extent the failure? Existing for proper methods of dealing with the crime of illegal absorb public deposits? Think about and sort out these problems become the top priority.At the same time,in view of the crime of illegal absorb public deposits the defects existing in the constitutive requirements,its has been disputed in the theoretical circle and judicial practice.Therefore,the author tries to use professional knowledge to some analysis on this crime.In this paper,the thinking of writing is roughly like this:First chapter is "the current situation of the crime of illegal absorb public deposits and frequent reasons" sections,the first section mainly introduces the crime of illegal absorbing public deposits for many people,the huge amount involved,crime,the crime concealment strong pattern renovates ceaselessly,difficult cases and other social status;Respectively in the second quarter from the operation of the market economy under the condition of capital supply and demand of extreme imbalance,the lack of more stringent financial regulation and administrative regulation and loopholes,cohesion is not quite close together relevant civil laws and judicial organs wrong play the role of the "parents" five Angle,this paper analyzes why the crime of illegal absorb public deposits at the present stage in China under the high-pressure blow of legal prohibition still.The second chapter,"the crime of illegal absorb public deposits constitutive requirements of defect" three sections,section 1 according to the time sequence combed the crime of illegal absorb public deposits in our country's establishment and development process;The second section introduces the crime of illegal absorb public deposits and its upper concept "illegal fund-raising activities" difference between the two;The third section is the focus of this chapter,respectively from five aspects detailed discusses the crime of illegal absorb public deposits defects existing in the constitutive requirements,and expressed the corresponding point of view.Third chapter "the crime of illegal absorb public deposits and lending limits" three sections,the first quarter from the investor's size,the legitimacy of the behavior or not,subjective purpose and interest rate,social influence and harmful consequences four aspects concretely introduces the crime of illegal absorb public deposits and lending behavior difference between;Section 2 details the crime of illegal absorb public deposits and folk lending limits;In the third quarter from the existing legal norms mutually coordinate,too scattered and related legislation has serious lag,and in the practice of judicial organs pursuit of high working commission revealed in three aspects: the reason of both easy to be confused in the judicial practice.The fourth chapter "the crime of illegal absorb public deposits to raise the evolution of the crime of fraud of the" three sections,the first section introduced the crime of illegal absorb public deposits and the connection between the crime of fraud of the fund-raising;The second section focuses on the crime of illegal absorb public deposits and the difference between the crime of fraud of the fund-raising;Third quarter after the standards in the judicial practice is summarized,combined with some of his own views and understanding,put forward from two aspects of objective behavior and purpose of illegal possession as identified in the evolution of the crime of fraud of the crime of illegal absorb public deposits to raise standards.The fifth chapter "perfect criminal legislation of crime of illegal absorb public deposits in" three sections,the first section presents ought to reduce judicial interpretation in the original give a suggestion of reasonable range of "relatives" immunity;From generally exists in the judicial practice in our country in the second quarter of the crime of illegal absorb public deposits have been expanded the present situation of the applicable Suggestions in criminal legislation for the future the use of "absorbing funds" to be specific,and then the difference treatment;The third section is different from direct financing and indirect financing,analysis and put forward some legislative Suggestions.