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Research On The Difficult Problem Of The Crime Of Illegally Absorbing Public Deposits

Posted on:2021-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:B Y ZhaoFull Text:PDF
GTID:2516306029482164Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China's economy,one of the important achievements is that people's disposable assets are also increasing,and the status of private capital is also increasing.For example,small loans,P2 P and so on have also been gradually rising,and the crime of illegally absorbing public deposits has also increased,even the so-called storm wave has appeared.The crime of illegally absorbing public deposits can be seen from the accusation itself as a public crime,involving a large number of people,and the amount involved has been increasing year by year,even in major cases such as "e-renting treasure",with investment participants all over the country,amounting to more than 58 billion.The frequent occurrence of cases,the large number of people involved,the huge amount of money,even throughout the country and other characteristics lead to the difficulty of the investigation of the crime of illegally absorbing public deposits.The public security organ invests huge human and material resources in the investigation,increasing the consumption of judicial resources.Most of the investment participants are not "the units and individuals with the corresponding risk identification ability and risk bearing ability,the amount of investment in a single private fund is not less than 1 million yuan and meet the following relevant standards" Many of them are old people who are easy to be bewitched and incited.Many of the investment participants took the way of petition,even besieging the government organs,which affects the stability of the whole society.This paper takes the relevant difficult problems of the crime of illegal absorption of public deposits as the research object,hoping to give our own suggestions.There are three parts in this paper.The content of the first part is an overview of the crime.Firstly,the concept of the crime is discussed,and the corresponding concepts are clarified.Then,the crime of illegally absorbing public deposits is briefly discussed from the aspects of legislative purpose,legislative evolution,etc.Finally,it is comparedwith the legislative situation of foreign countries.The second part and the third part are the main part of this paper,which enumerate the difficult problems of the crime of illegally absorbing public deposits.The second part is the theoretical disputes and problems.First,it introduces some theoretical disputes from the perspective of the object,objective,subject;second,it introduces the judicial issues from the perspective of the boundary,distinction and other crimes,distinction and amount calculation of private lending The disputes in practice are introduced.The third part is the last part and the main part of this paper,that is,the causes and solutions of the difficult problems of the crime of illegal absorption of public deposits.From the legislative level,there are some problems in the law of the crime of illegal absorption of public deposits,and the corresponding solutions are put forward.At the same time,it is also the final goal of this paper.My personal opinion on illegal absorption Some simple suggestions are put forward for the further improvement of the crime of public deposit.
Keywords/Search Tags:Illegal pooling of public deposits, object, financial control order, perfect
PDF Full Text Request
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