| With the great progress of China's economic and social development,private capital abnormalities,but also lead to illegal absorption of public deposits cases are common,and such cases involving a huge amount,involving a large number.From economically developed areas to economically underdeveloped areas,from local to national,such crimes are spreading rapidly and often cause mass incidents.These cases continue to emerge from local governments and the judiciary,investing huge human and material resources to deal with these cases,consuming a lot of social resources and judicial resources,and in dealing with these cases involved in the case of qualitative and follow-up issues The problem of disposal has always been a headache for the judiciary,and the controversy in this process also reflects the contradiction between the current judicial identification and legal regulation and theoretical research.Based on the above facts,this paper follows the practice,sums up the judicial dispute in the practice of more such issues,select the most representative of the judicial practice and the most helpful issues to study,and through induction analysis Personal opinion;Finally,based on the analysis of the status quo of legislation at home and abroad to improve the legislative proposals.In short,this article through the practice to identify problems,the problem will be summarized and analysis,put forward personal recommendations to the theory to solve the reality,so that from practice to practice.This article is divided into four parts,the first part is "the characteristics of illegal absorption of public deposits and difficult to hear",outlined the concept of illegal absorption of public deposits,summed up the characteristics of this crime,found that because of the characteristics of this crime Such as group events and other social problems,and these characteristics also determine the crime case in the trial of the difficulties,this article and then illegally absorb the public deposit unit in the prosecution of the object to determine the amount of identification and whether the depositors should The victims and many other difficulties in judicial practice were analyzed and discussed.The second part is "the difficulty of the subject qualification,crime and non-crime",the financial institutions without deposit business and commercial banks with deposits and other financial institutions can become illegal to absorb the crime of public deposits were analyzed,and It is concluded that the financial institutions,whether or not they have the deposit qualification,can become the subject of the crime of illegally absorbing the public deposit.The difference between the illegal absorption of public deposits and civil lawful borrowing and entrusted financial management is analyzed.The difference between illegal absorption and private lending is mainly due to the existence of public characteristics of the object,and the existence of illegal storage and entrusted financial management Whether or not the contract is signed to determine whether the object is not specific,the whereabouts of the funds and the use of the investor whether the loss of these four aspects to consider to distinguish.The third part is "the form of accomplice and the number of crimes",the illegal crime of the public crime of the crime of the crime were analyzed,that for the loan was forced to help illegal storage does not constitute a help,for profit and help illegal And the crime of illegally absorbing the crime of public deposits and the crime of other crimes were analyzed.The fourth part is the "illegal absorption of public deposits crime legislation perfect",the relevant provisions of foreign legislation were briefly introduced,and for the illegal absorption of the crime of public deposits put forward some legislative proposals,including: the subject of the subject to make a relatively Refine the provisions of the crime to further optimize the current penalty set,the appropriate increase in qualifications and so on. |
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