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A Study On The Application Of The Crime Of Illegal Absorption Of Public Deposits

Posted on:2020-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y L MiaoFull Text:PDF
GTID:2416330611954894Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous deepening of reform and opening up,the economy continues to develop at a high speed.Some companies and individuals have seized the psychology of people's investment and profit-seeking.They name in investment and wealth management,sharing dividends,financing guarantees,etc.to illegally absorb large amounts of public funds,not only harming the interests of the masses,disrupting the state's financial order,but also bringing instability to society and having serious social harm.This article chooses the crime of illegally absorbing public deposits,combined with the example of N city,from the illegal absorption of public deposit crimes,and distinguishes it from legal lending behavior,while expanding the horizon,and other crimes such as illegal fund-raising Compare crimes and illegal business crimes,so as to thoroughly and comprehensively explore the issues related to the crime of illegally absorbing public deposits,and based on practical experience,put forward corresponding countermeasures and suggestions,aiming to correctly handle these cases in a timely manner,properly resolve social contradictions,and promote the harmony and stability of the society.This paper consists of three parts: introduction,body and conclusion.First of all,the introduction is a macro introduction to the crime of illegally absorbing public deposits in this paper,which leads to the research purpose and foothold of this paper.The main body is divided into five chapters to analyze the application of the crime of illegally absorbing public deposits and its solution.The first chapter is about the basic status of the crime of illegally absorbing public deposits in China.This chapter starts with the crime of illegally absorbing public deposits,analyzes the subject,object and subjective and objective aspects of the crime of illegally absorbing public deposits,and grasps the basic crimes,and then uses the practical cases of N city as an aid to show the nature of crimes on illegally absorbing public deposit.The second chapter is about the problem of identifying the elements of the crime of illegally absorbing public deposits and its response.On the basis of the first chapter,the chapter explains the difficult problems identified in the practice of illegally absorbing public deposit crimes,mainly on the subjective,subjective and objective aspects.The third chapter is the distinction between the crime of illegally absorbing public deposits and the legal behavior.This chapter distinguishes the crime of illegally absorbing public deposits from legal private lending,Internet P2 P and entrusted financial management,and confirms the complexity and diversity of the crime of illegally absorbing public deposits.The fourth chapter is the distinction between the crime of illegally absorbing public deposits and other crimes.This chapter is different from the third chapter in that it compares the crime of illegally absorbing public deposits with the crime of illegal fund-raising,the crime of illegal business,the crime of issuing stocks,companies,and corporate bonds,and the connection and distinction between crimes.The fifth chapter is to improve the proposal of illegally absorbing public deposits.After expounding the issue of the crime of illegally absorbing public deposits,this chapter puts forward relevant suggestions from the legislative and judicial levels.For example,it should further clarify the criteria for the crime of illegally absorbing public deposits,and expand the relevant content of the crime in the criminal law.At the same time,judicial practice should also increase the intensity of law enforcement,strengthen source governance,and risk awareness,thereby effectively curbing the illegal abuse of public crimes,stabilizing social order,and building a harmonious society.The final part of the conclusion combines the actual factors of the crime of illegally absorbing public deposits,indicating that it is difficult to meet the dilemma of difficulty in judicial practice.With this article as the foothold,the crime of illegally absorbing public deposits still needs to be further explored,thus establishing a perfect The criminal legal regulation system for illegally absorbing public deposits promotes the stable and orderly development of the economy and society.
Keywords/Search Tags:Illegal Absorption of Public Deposits, Illegal Fund-Raising, Criminal Composition, Reality
PDF Full Text Request
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