Analysis On The Constitution Of The Crime Of Illegally Absorbing Public Deposit

In practice, the behavior of people to the community or a disguised illegal deposits absorb public deposits disrupt social order and the country's financial management system,the number of people involved, involved large amounts of deep, wide spread range, the social impact of, a serious infringement of legal interests, worth considering. By standing on the objective philosophy of criminal law offenses, standardized analysis of the concept of crime of this crime, and crime constitute legal interests, and judicial practice of this crime and non-crime, the boundaries of this crime and other crimes.The first part, an overview of the crime. First four periods narrative history of this crime;secondly draw embody the concept of substantive law of this crime Infraction different perspectives according dispute the substance of the concept of this crime; again come this crime charges in accordance with the concept of the crime of "illegal" the meaning and legal interests of this crime.The second part, the use of crime constitute two class theory. Elements adhere to objective illegal illegality as a benchmark to judge as to the responsibility of the subjective elements of human behavior as a prerequisite for the possibility of censure, standardized analysis of this crime constitutes a crime. Elements Elements in compliance with the law were discussed in terms of the actors of this crime, the object of conduct, behavior and behavioral outcomes; responsibility requirements are discussed in the criminal intent and purpose of this crime.Elements in the illegal elements, through the discussion of the actors clearly have deposits qualified financial subject if in violation of relevant state regulations, can also become the subject of this crime. Through discussion of the behavior of the object, clear the meaning of this crime, "public deposits", namely the crime of "public funds" refers to the majority of people can no specific short-term debt service funds or deposit or regular activities. Through the discussion of this crime violations, specifically violations of this crime, "openness" and "social" features; clear the crime of "illegal deposits from the public" and "disguised deposits from the public," meaning the behavior of the content. Through this offense as a result of the discussions, clearly this crime, "disrupt the financial management order" result attributes and this crime, "the amount of" results show.Elements of the liability factor, through the analysis of the elements of the crime of intentional clear this crime is generally a direct intentional crime. The purpose of the analysis of the elements of this crime, a clear purpose of this crime is to absorb deposits for credit purposes.The third part of this crime constitutes a crime according to the norms of the crime or to distinguish the boundaries, the boundaries of this crime and other Confusing crime. In this crime or the boundaries of distinction, the clear private lending behavior and trust management behavior is generally not consistent with the crime of illegal Elements. In the limits of this crime with his sin distinction, the clear boundaries of this crime and major fund-raising fraud lies in whether "the purpose of illegal possession"; clear this crime and without issuing shares, company, corporate crime is the general law and special securities law Lapping of Legal Provisions relationship.