Study On The Crime Of Illegally Absorbing Public Deposits

In recent years,the state has cracked down hard on illegal fund-raising activities,but the results are not as good as they are,and they even appear to be getting worse.Crime of illegal absorb public deposits as the basis of financing type criminal charges,to it,to study the related problems of illegally accepting theory of crime,on the one hand can enrich and on the other hand can be solved and the problems existing in the practice.The main problems in this crime include the identification and boundary of the constitutive elements of the illegal absorption of public deposit,and the disposal and waste of the assets involved in the illegal absorption of public deposit.The first part elaborates the concept,current situation,causes and characteristics of illegal absorption of public deposit.The present situation of the crime is analyzed from the legislative and judicial status quo;in the legislative status quo,the relevant laws and regulations are scattered;On the judicial status quo,the case is "full bloom" and the overall situation is grim.The main reasons of this crime are the defects in the legal system,the greed of the fund-raisers and the lack of financial knowledge of investors.This crime has the characteristics of long duration,wide range of activities and hidden and serious harm.The second part discusses the identification of the constitutive elements of illegal absorption of public deposit.Financial institutions with the qualification of deposit-taking business can be the main body of the crime,and the depositors in this crime do not have the status of the victim.The understanding of the public is defined from the majority and the non-specific.The third part expounds the boundary of illegal absorption of public crime.Illegal possession in the fund-raising fraud identification should insist on the principle of subjective and objective is consistent,evidence is sufficient and low evaluation principle,the purpose of illegal possession cognizance method shall establish behavior standard and perfect the judicial presumption of pattern.The nature of the written certificate affects the division of the crime and the crime of issuing shares,companies and corporate bonds without authorization.It is one of the criteria to determine whether a financial contract contains a guarantee clause to determine whether an act constitutes an illegal collection of public deposits.The distinction between this crime and private lending can be determined according to the source,purpose and means of borrowing funds.The fourth part discusses the disposal of the assets involved in the illegal absorption of public deposit.The disposal procedures of the assets involved are chaotic,lack of openness in the disposal procedures,lack of cooperation between departments and lack of relief procedures;In improving the disposal of the assets involved,we should introduce the bankruptcy code,standardize the administrative and judicial branches,cooperate with the judicial organs,and improve the right relief mechanism.The fifth part expounds the existence and invalidation of illegal absorption of public deposit.The reservation theory holds that the application of this crime is conducive to combating crimes in the financial field,maintaining the normal order of the market and social stability.It is believed that the abolishment of the crime is beneficial to the development of private finance,to enhance the risk awareness of the investors and to eliminate the financial monopoly.The necessity of abolishing this crime lies in the requirement of the modesty of criminal law,the reasonable allocation of judicial resources and the requirements of economic development.After the abolition of this crime,the illegal absorption of public deposit into the securities law can be regulated by expanding the definition of securities.After abolishing this crime,it is still necessary to retain the crime of raising funds for fraud,but only the act of committing fraud and illegal possession of the funds.