A Study On The Crime Of Illegal Pooling Of Public Savings Deposits

Illegal financing activities are highly incident cases in judicial proceedings, these cases are mainly investigated into criminal responsibility by the Crime of Illegal Pooling of Public Savings Deposits,which provided in article 176 of Criminal Law.There is a big difference in finding the Crime of Illegal Pooling of Public Savings Deposits in judicial practice,and theoretical understanding of this crime is not uniform neither.In this article,the author will study and analyze the Crime of Illegal Pooling of Public Savings Deposits on the basis of literature review.It is comprised of four chapters.Chapter 1 "Overview to the Crime of Illegal Pooling of Public Savings Deposits" contains three subchapters.First subchapter "The Legislative History of the Crime of Illegal Pooling of Public Savings Deposits" mainly introduces the legislative reasons and legislative status of this crime.After analyzing some related materials,the second subchapter "Notion of the Crime of Illegal Pooling of Public Savings Deposits" defines the crime as:The illegal pooling of public savings deposits is act of illegal pooling of public savings deposits or act of pooling public deposits in disguised form,which eventually disrupts financial order.The third subchapter "Crime performance of The Crime of Illegal Pooling of Public Savings Deposits" introduces external morphology manifestations of the crime.Chapter 2 "Research on Constitutive Elements of Illegal Pooling of Public Savings Deposits" contains four subchapters.According to the constitutive elements of crime,this chapter comprehensively analyzes Criminal Object, Objective Elements,Subject and Subjective Elements of the Crime of Illegal Pooling of Public Savings.Chapter 3 "Criminal Patterns of the Crime of Illegal Pooling of Public Savings Deposits" contains three subchapters.According to the theory of Criminal Patterns,this chapter mainly analyzes the Cease Patterns,Complicity Patterns and Quantity of the Crime of Illegal Pooling of Public Savings Deposits.Chapter 4 "Judicial Determination of the Crime of Illegal Pooling of Public Savings Deposits" is one of the focuses of this article.Basing upon the analysis of last three chapters and the judicial precedent,this chapter focuses on the distinction between the Crime of Illegal Pooling of Public Savings Deposits and Private Lending,the distinction between the Crime of Illegal Pooling of Public Savings Deposits and Consign Financial Management,the distinction between the Crime of Illegal Pooling of Public Savings Deposits and Other related Crimes.