| The crime of illegal deposits from the public is a product of the period when managed economy change to market economy.Since 1997,criminal code set the crime of illegal deposits from the public,dispute about it’s regulate scope,regulate mode and legal penalty never cease.The crime regulation covers a wide compress private financing activities;The single regulation mode makes the criminal law front,and makes financing internal adjustment system difficult to form;The distribution of penalty against the principal of suiting punishment to crime,and it does not conform to the tendency of light punishment.The legislator should adjust the legislation,limit the scope of regulation,adjust the regulation mode and reduce the penalty allocation.The thesis will separated into four parts.Part one will tease the evolution of the crime of illegal deposits from the public in China,and tease other countries’ legislation about illegal fund-raising.This part fistly will indicate the crime’s building process,and the building process divided into three stages.In the process of establishing and perfecting the crime,the criminal law inherits the breach of administrative law.Then will tease American,German,Japanese,Russian fund-raising legislation,figure out their generality and difference.Part two will analyze the crime of illegal deposits from the public’s feature in regulate scope,regulate mode and legal penalty.The feature in regulate scope is wide and amplifying,and disorder in logic;The feature in regulate mode is laying too much stress on crime code,and lack preposition law.The feature in legal penalty is the penalty is severe and neglect other measures to govern the crime.Part three will analyze the reasons of the crime of illegal deposits from the public’s feature.Because of planned economy ideology and lack of financing channels,and fragmented legislation,made the crime wide and amplifying in scope,and lack of logic.Because of the principle of “ultima ratio of penalty” isn’t set up and restricted by legislative experience,made the crime attach importance on crime code in regulate mode.Because of traditional heavy sentence thought,made the crime’s penalty is severe.The root cause is the imbalance of financial system and the lack of law support.Part four will try to offer proposals to consummate the crime of illegal deposits from the public.Firstly,we need establish the principle of “ultima ratio of penalty”and system principle.To consummate regulate scope need to define the scope of banking business,leave private money raising a reasonable space.To consummate regulate mood need to consummate subsidiary criminal law,take importance on non-criminal measures,point out a rode to legalize private money raising.To consummate legal penalty need to comply with the light-penalization stream,add qualification punishment to vary measures of criminal law. |
