Study On The Accomplice Of The Crime Of Illegally Absorbing Public Deposits

The crime of illegally absorbing public deposits is a common crime involving the public,and it is a great harm to the normal development of our economy and society.In the crime of illegally absorbing public deposits,the large number of participants and different roles play a crucial role in determining whether to participate in accomplices and how to assign criminal responsibility.First,the accomplice in the crime should conform to the definition of joint crime in China's criminal law."It is a joint crime that two or more people intentionally commit a crime together." Therefore,it should be insisted that some crimes jointly say that for the crime of fund-raising fraud with "illegal possession purpose" and the crime of illegally absorbing public deposits without "illegal possession purpose",the accomplice relationship between the two should be recognized.In particular,admit one-sided accomplices in the crime of illegally absorbing public deposits.Secondly,the scope of the establishment of an accomplice who illegally absorbs public deposit crimes should be established in accordance with the theory of the punishment of accomplices in essence,with the mixed provoke theory as the basic position.On the basis of the causal accomplice theory,it should be considered that there are a large number of neutral helping behavior participants in the illegal participation of public deposits,and the neutral helping behavior that is not punishable should be ruled out according to the principle of objective imputation.Active fund-raising participants have a positive effect on causality,which can be evaluated as an accomplice in the crime of illegally absorbing public deposits.Finally,we should distinguish between the accomplice and the accomplice in the crime by using the theory of criminal fact domination.The "Bank President's Guarantee Case" is an appropriate case of criminal participation in functional domination of the crime of illegally absorbing public deposits.Units committing the crime of illegally absorbing public deposits may have an accomplice relationshipbetween the person in charge directly responsible and other directly responsible persons;units and units,units and natural persons may be based on the concept of joint crimes in accordance with China's criminal law,based on The accomplice's punishment recognizes the accomplice relationship based on its position.This article is divided into four parts.The first part is the introduction,which introduces the research status,research purpose and research methods of the common crime of the crime of illegally absorbing public deposits.The second part focuses on the crime of illegally absorbing public deposits,their participation in the crime,and difficult problems,which lays the foundation for the subsequent analysis.The third part studies the solution to the problem of joint crimes in the crime of illegally absorbing public deposits from the perspective of joint crimes,focusing on discussing the crime of illegally absorbing public deposits in legal form.Part of the common crimes should be recognized;in the substantive level,mixed provocations should be used Basis for accomplice punishment;advocate the introduction of objective imputation theory to limit the scope of punishment in the neutral help behavior of the crime of illegally absorbing public deposits;advocate the doctrine of criminal facts as the criterion for distinguishing the principal and accomplice of the crime of illegally absorbing public deposits.The fourth part mainly divides the responsibility of the accomplice relationship between the person in charge who is directly responsible for the crime of the unit and other directly responsible persons;discusses the accomplice of the crime of illegally absorbing public deposits between the unit and the unit,the unit and the natural person.