Study On The Crime Of Illegally Absorbing Public Deposits

Since 2013,illegal fund-raising cases involving masses have frequently occurred,compared with the previous similar types of crimes.Nowadays,"corporatization,densification,network and covertness" are new features of the crime of illegal fund-raising,which also bring new problems and challenges to the judicial field.In practice,these problems,especially new issues,appear clear divergence among the judicial organs of different areas,theoretical circles and practice circles.These divergence cause no comparison of penalties in different cases,also the “different sentences for the same kinds of crimes” has occurred.In practice,most illegal fund-raising cases were punished as the crime of illegal deposits from the public.So in the article herein,trying to combine the theory of crime constitution with handling problems in the practice,then summarizes a set of effective definition rules,hoping to provide some reference for the application of crimes in the justice.The first part of the article mainly discusses the subject of the crime of illegally absorbing public deposits.In practice,the subject of crime of illegally absorbing public deposits is basically the form of a company,so it is particularly important to distinguish between joint crimes of natural persons and unit crimes when determine the crime.The controversial issue of the joint crimes of natural persons in practice is the identification of the principal offender and an accessory;in the unit crime,how to determine the identification of the responsible persons and the subject is also worthy of discussion.This part combines theory of elements of the subject in criminal lawand judicial practice,focusing on the problems in the practice of the study,which paves the way for the following study.The second part of the article is the research of the subjective aspect of the crime identified.In theory and practice,the subjective aspects of the controversy is that the identity of the perpetrators of illegal identification and illegal possession of the purpose of the exclusion.The former is related to the criminalization and the decriminalization,the latter is related to the identification of crime of fund-raising fraud,so it has been the focus of theoretical research and practice.At this part,firstly,it affirms that the perpetrator who constitutes the crime must have the illegal knowledge,and then views of the degree of awareness of the crime requirements.In the illegal possession of purpose,this part attempts to explore the practicality of the project from the aspects of project falsification,the level of interest(crime cost),the use or flow of funds,whether the subject has the possibility of repayment,and the criminal transformation from the crime to fund-raising fraud to determine the purpose of illegal possession.The third part of the article is a discussion of the objective aspects of this crime.First,the determination of the illegality,it proposed to be integrated from the nature of the act and the violation of financial order and property which is the dual legal point of view;Second,the judge the "absorption" behavior of the joint crime,because in the joint crime,a person cannot always engage in all four acts in judicial interpretation,there must be a division of labor and management guidance process,so to conduct a summary analysis through the practice of common behavior.Third,the definition of“Public” in the crime,it contradicts some points in the theory.It should includes personnel also companies.Fourth,it raises basic principals and main methods to one of the points of punishment fits the crime: the specific determination of the amount of the crime.Fifth,according to specific personnel in combination with judicial practice,to research and discussion general problems such as internal of companies,friends and parents,and superior,with a view to answer all the similar questions.The fourth part of the article is the analysis of crime and the typical normal financing behavior and the purpose of non-illegal possession of other illegalfund-raising charges.Through the comparison with the private lending,private equity funds to summarize the principle of general distinction.Summarize the unique characteristics of this crime by comparing with the crime of unauthorized issuance of shares,securities and illicit business,with a view to assessing the behavior of the perpetrator in practice more clearly.