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Study On The Crime Of Illegally Absorbing Public Deposits

Posted on:2019-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiFull Text:PDF
GTID:2416330590978422Subject:Law
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In recent years,there have been a high number of cases of illegal deposit taking by the public,which have seriously disturbed the order of state financial management.And with the development of economy,all kinds of financing and investment way with the increase of the popularity of the Internet,there is an upward trend in cases of illegal absorb public deposits are,according to the Chinese public data network written judgment,according to a national court cases of illegal absorb public deposits in 2015 was 968,and in 2017,3667,increased by279%.Illegal absorbing public deposits crime is a typical stakeholder type,there are many causes of this kind of fund-raising crime,there are many disputes about this kind of crime,including whether these charges are still needed,as well as status of depositors in this kind of crime,the controversy about whether deposit belongs to the victim is bigger,some think that depositors should belong to the witness,some think that depositors should belong to the victim,also some think depositors’ lawsuit status depends on whether the depositors knowing to absorb people to determine the behavior of the deposits is illegal.Based on the foundation of the interests of the criminal law protection law,this paper analyzes all kinds of participants and their litigation status in the crime of illegally absorbing public deposits,and thinks that the depositor should belong to the victim.Illegal absorption of public deposits is a typical case of the intersection of criminal law,where legal folk lending coexists with illegal fund-raising activities,and various local courts deal with it in different ways.Due to the large number of participants,improper handling of such cases can easily lead to mass incidents and affect social stability.The traditional way to deal with the cross-over cases of criminal people is not conducive to the protection of the depositor’s legitimate rights and interests,nor is it in line with the current diversified development trend of fund raising cases.In this paper,the author explores the trial method of the cross cases of illegal fund raising crimes,and,from the perspective of the protection of victims’ rights and interests,draws lessons from local experience and puts forward Suggestions on the handling of cases involving illegal collection of public deposits,in thehope of helping to handle such cases in practice.
Keywords/Search Tags:Illegally absorbing public deposits, Victim, The cross of the Criminal and Civil case, Conflict, dealing with
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