On The Judicial Determination Of Illegal Absorption Of Public Deposit—Take The Case Of Illegal Absorption Of Public Deposit

Taking the case of illegal absorption of public deposit by Peng etc.as an example,This p aper study the issues of "basic behavior constitution and "the purpose of illegal possession"," joint crime" and "unit crime" which have important influence on the perpetrator' conviction and sentence of common judicial practice of illegal absorption of pub lic deposit etc.Apart from the introduction,there are thirty thousand words in this paper,and the paper t ext is divided into four parts.The first part is the basic situation of the case,including the cause of action,the case intr oduction and disagreements,The paper synthesizes the actual situation of this case,in view o f the disagreements proposed by the prosecuting and defending parties whether it constitutes the crime of illegal absorb public deposits or crime of fraud in fund-raising,whether it constit utes a joint crime or establishment the crime of unit crime,summing up three focus issues from three aspects: The distinction between illegally absorbing public deposits and acts of fraud in fund-raising,how to understand the nature of joint crime,and the similarities and differences of crime of unit and natural person,first is the identification problem of "illegal possession of purpose" in the process of illegal fund-raising;the second is the investigation of the responsibility cognizance of the perpetrator in the system of illegal fund-raising " third is the identification problems of" unit crime and natural person crime ";The second part is about the analysis of legal issues.Firstly,this paper analyzes the characteristics of this kind of criminal basic behavior-illegally absorbing the public deposit behavior.The cognizance of this behavior is generalized to how to identify "the problem of the nonspecific object",and then taking mutual exclusion elements of "illegal possession purpose" of illegal absorption of public deposits and the financing of fraudulent acts as a criterion for judging,introducing the criminal presumption and illegal possession purpose producing time as a reference to comparative analyze;Secondly,by probing into the meaning of joint crime and how to understand the status of joint crime in the system of criminal culpability,the author simply analyzes the method of determining the responsibility of the perpetrator in the system of illegal fund-raising participation.Finally,using the criminal law,relevant explanations and academic disputes,determining the "unit will" in unit crime and the standard of constituting unit crime.The third part is the conclusion of this case.According to the former part of the jurisprudence analysis,combined with Peng etc.the specific circumstances of the case,getting the conclusion of three major issues: first,through the existing evidence that Peng organize the whole fund-raising activities and dominate most of the illegal income,combined with the perpetrator of illegal possession producing time,It should be concluded that at least in the second half of the fund-raising Peng has unlawful possession purpose,Second,every perpetrator jointly conspire and implement the illegal absorption of public deposits behaviors,which should be considered a common crime.According to whether the perpetrator has the purpose of unlawful possession,it is advisable to identify the crime of fraudulent fund-raising and illegally absorbing public deposits respectively;third,the establishment of a branch office is for the purpose of crime,and the Social fund-raising behavior is not the head office will dominating,the interests of the corporation is not entitled to the head office,so the act is neither a branch office crime nor head office crime,not belong to the Unit crime.The Forth part is the revelation and thinking of this case.Through the analysis and study of the illegal absorption of public deposit cases by Peng etc,we can peep into the relevant difficulties with such cases in practice and differentiate and analyze the handling methods,thoroughly grasp the specific cognizance of elements of the crime of illegally absorbing the public deposit,the essence of joint crime and the unit crime.This paper analyzes the determination of the purpose of illegal possession,probes into the essence of joint crime and the Unit will,and aims to hope to unify the understanding yardstick of legislation level,to realize its original intention of combating illegal fund-raising crime,restoring normal financial order and guaranteeing the safety of social public property.