Research On The Related Problems Of The Crime Of Illegally Absorbing Public Deposit

Since the reform and opening up,with the rapid development of market economy,private enterprises represented by small and medium-sized enterprises have become an important subject of market economy in China.In the face of fierce competition,the demand for financing in the development process of enterprises is more and more vigorous,while the pursuit of maximizing the interests of funds and the formation of the largest middle class in the world create positive conditions for financing activities outside the legal norms.It has become one of the most important means for the country to maintain the socialist market economy to punish the financing behavior beyond the legal limit,among which the most widely applicable is the crime of illegally absorbing public deposits.With the extensive application of the crime of illegally absorbing public deposits,the crime fails to play its due regulatory role in judicial practice,and there are many drawbacks in the aspects of legislation and justice.The purpose of this paper is to further reveal the outstanding problems in legislation and law of the crime of illegally absorbing public deposits,especially the practical difficulties in dealing with the property involved in the case in judicial practice,based on the analysis of the legislative evolution of the crime of illegally absorbing public deposits,the conceptual characteristics of the crime of illegally absorbing public deposits,the constitution of the crime of illegally absorbing public deposits,and the judicial determination of the crime of illegally absorbing public deposits Environment is described.On the basis of thinking about the difficult problems,this paper puts forward some concrete suggestions.Specifically,this paper mainly includes the following parts:The first chapter introduces the crime of illegal absorption of public deposits in detail,mainly from the legislative evolution of the crime of illegal absorption of public deposits in China and its concept,characteristics,types and means.The second chapter is the criminal constitution of the crime of illegally absorbing public deposits.It mainly expounds the concrete constitution of the crime of illegally absorbing public deposits from the object,objective aspect,subject and subjective aspect of the crime,and introduces the different opinions of the academic circles on the relevant issues of the crime constitution.The third chapter is the judicial cognizance of the crime of illegally absorbing public deposits.It expounds the similarities and differences between the crime of illegally absorbing public deposits and private lending,entrusted financing and private placement from the perspective of crime and non crime,and introduces the differences between the crime of illegally absorbing public deposits and the crime of fund-raising fraud,the crime of issuing stocks without authorization,the crime of corporate bonds and corporate bonds.The fourth chapter analyzes the defect of crime of illegal absorb public deposits,as the focus of the thesis mainly analyzes the crime,the generalization is wide,the existing legislation on the scope of judicial cognizance of the victim defined as fuzzy,to the "deposit" to "in violation of the provisions of laws" analogical interpretation,there are exist distortions,borrowing contract effectiveness exists in the involved property disposal difficulty,judgement of property involved,millions of involved and disposal procedure is not standard,in the presence of principal punishments on sentencing sentencing range,suitable probation is too broad,unit crime and natural person crime sentencing series of problem such as difference to be markedly.The fifth chapter on the analysis of the above issues,criminal regulation from the transformation idea,improve the content of this crime of crimes,criminal responsibility shall be investigated for strictly condition,properly explain the concept of "public" and return to the essence of the "deposit",clear property disposal mode,establish the disposal principles involved,norming the program of disposal,clear sentencing standards,limit applicable probation,to set up the same natural person and unit crime punishment prosecution criterion etc.Put forward the concrete solution.