A Study On The Nature Determination And Disposal Process Of The Property Involved In The Crime Of Illegally Absorbing Deposit From The Public

Through the analysis and summary of the characteristics and types of the cases of illegally absorbing deposits from the public,this paper sums up the common characteristics of the case of illegally absorbing deposits from the public,and finds out a breakthrough in the nature determination and disposal process of the property involved in the cases of illegally absorbing deposits from the public.Theory circle hold opinions of "invalid theory","subjective judgment theory","independent judgment of civil contracts theory"and so on for the validity determination of civil contracts in cases of illegal absorption of deposits from the public.Starting from the legislative purpose,this paper holds that the provisions of the Criminal Law on the crime of illegal absorption of deposits from the public does not constitute a compulsory norm to negate the validity of the loan contract,and the validity of the relevant contract is not invalid because of the crime involved.At the same time,this paper also expounds the effectiveness of the guarantee contract in cases of illegal absorption of deposits from the public,that is,where the main transaction contract is in force,the effectiveness of the guarantee contract should also be valid without special circumstances.This paper also summarizes the meaning and legal characteristics of the proceeds of crime in cases of illegal absorption of deposits from the public,so as to distinguish them from legal property,and discusses the difficulties in identifying the proceeds of crime in practice.In the case of illegal absorption of deposits from the public,whether the proceeds of crime are suitable for bona fide acquisition is also a common controversial issue.This paper compares the difference between "possession of entrusted goods" and "possession of detached goods",putting forward the viewpoint that the proceeds of crime in cases of illegal absorption of deposits from the public belong to"possession of entrusted goods",so they should be applied to bona fide acquisition.Combining with the judicial practice,this paper holds that interactive mechanism between judicial organs and administrative organs should be built on the main body of the disposal of proceeds of crime which public security,people's procuratorate office and court also have the right to determine and dispose of;in the disposal procedure,ordinary procedure or special procedure should be applied combining with the situation of the case,and bankruptcy proceedings should be introduced under appropriate conditions to safeguard investors' rights and interests in maximum.