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Qualitative Research Of Deposit Collection Under The Shared Economic Model

Posted on:2020-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y S ZhaoFull Text:PDF
GTID:2416330578460961Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the continuous development of social economy and Internet technology in China,the closely related shared economy is also showing a vigorous trend of development,among which the collection of shared economic deposit has become the focus of public attention.The behavior of collecting shared economic deposits refers to the behavior of sharing economic enterprises collecting user deposits them for normal production and operation by providing continuous leasing services to the public.As for the nature of the behavior of collecting the shared economic deposit,there are disputes in the theoretical circles about whether it constitutes a crime and whether it constitutes an offence of illegally absorbing public deposits.Behind the question,there is also a discussion on the rationality of judicial interpretation of the Supreme People's Court on the crime of illegally absorbing public deposits.The controversial viewpoints in the theoretical circle have discussed the nature of the behavior of collecting shared economic deposit from different angles.The relevant reasons are reasonable,but there are still some shortcomings.Through the concrete analysis of the infringement of legal interests caused by the collection of shared economic deposit,whether it has criminal illegality and criminal punishability,it's generally not recognized as a crime to identify relevant acts?In the face of related problems,the judicial organs should insist on the basic principle of legalism of crime and punishment,emphasize the modesty of criminal law,and discuss the rationality of judicial interpretation of related charges more comprehensively and concretely.At the same time,we should strictly explain the definition of deposit,limit the conviction of crimes related to illegal fund-raising,rationally regulate the criminal law risks arising from the sharing of economic deposit model,so that the national penalty power can be properly used in the field of Internet finance,and realize the benign and lasting development of social economy.
Keywords/Search Tags:shared economy, deposit, collect, innocence
PDF Full Text Request
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