The Crime Of Illegal Absorb Ublic Deposits

Deepening as the market-oriented economy recently, the number of the crime of illegal public deposits sucking is increasing rapidly. The crime of illegal public deposits has been aroused widespread social attention through the case of Sun Dawu and the rich Wu Ying in Zhejiang, while it has been discussed in academia. By being a lawyer, I have dealt with such case ever. However, it is not hardly to realize that the generalization of the crime of illegal public deposits sucking hinders the free flow of the private capital in a way. In Wenzhou, there are more than90%family are engaged in private capital lending. Thus, it’s quite difficult to distinct and make clear the boundary between the legal private capital lending and the illegal public deposits sucking. In addition, such crime appeared in a new form springs up one after another. For example, illegal sucking through trust management and real estate sales, which makes it a urgent affair to distinct between legal and illegal and attack the illegal one. Therefore, in November22nd,2010, the Supreme People’s Court adopted On the Concrete Application of Law in Trying Criminal Cases of Illegal Fund-sucking in order to improve the legislation stipulation of such crimes. This thesis is to research and analyze such problems about illegal public deposits sucking on the basis of the legal document above. It consists of four parts.Part one, it gives a simple introduction about the illegal public deposits sucking, including the legislative revolution, its concept, and criminal manifestation. It aims to present a primary analysis and interpretation of this crime. It develops under a special condition along with the national economic development. At the very beginning, it is stipulated in specific regulations, while, in1997, in the new criminal law goes the official stipulation. And it has improved in the legal document On the Concrete Application of Law in Trying Criminal Cases of Illegal Fund-sucking adopted in November22nd,2010. It explains many kinds of manifestations.Part two, the view about the component of the crime of public deposits sucking varies person to person. This thesis discusses its component on the basis of points hold by different people. In a word, the violated object is the national administrative management to public deposits sucking and the national financial supervision management. It has two ways of act, which are illegal and covert public deposits sucking in objective aspect. And generally the violated subject is the financial institution which is qualified to suck public deposits. Its aim is always deliberate and without the limit of credit profit.Part three, it talks about the judicial determination issue of the crime of illegal public deposits sucking. Firstly, this thesis analyze how the law judge this crime, especially in the distinction and boundary between this crime and legal private lending, asset management the crime of fraud in financing. The analysis above is mainly according to the document adopted by the Supreme People’s Court with the way of combining the legal provision and case analysis.Part four, it is mainly about the legislation perfection issue about the crime of illegal public deposits sucking. Although, we have a piece of criminal law to explain and stipulate this crime, there still have plenty of problems to be discussed and improved. For example, the object issue, crime statement issue, and penalty issue. Thus, in the judicial area, it’s tremendous important to avoid the generalization of this crime, and to make clear the boundary between the legal private lending and the illegal public deposits sucking.