Several Issues Concerning The Crime Of Illegally Absorbing Public Deposits

With the development of Chinese society,the economy has made great progress,a variety of economic crimes are endless.As the people’s living standards improve,the private capital in the economic market is more and more active.So in recent years,the crime of illegal absorption of public deposits become more and more,and its criminal momentum spread from place to country,from developed areas to remote areas,which involves a large number of people and huge amount of money.The government needs to invest a lot of manpower and resources to solve these cases just like the illegal absorption of public deposits,so that social resources and judicial resources are wasted.Because the illegal absorption of public deposits is a crime involving lots of ordinary people.They are lack of financial knowledge,legal knowledge and victim precaution consciousness.In judicial practice,the victims would like to protest and demonstrate their rights in a wrong way.And even a series of villainous social events have been triggered,which has gradually evolved into a tumor of government management.In front of the high-risk situation of illegal absorbing public deposits,the government has made a determination to crack down on it.But before accurate punishing such crimes,the first step is to solve some theoretical confusion and practical issues.The discussion and the analysis in this essay may help to solve such cases.In the process of crackdown on dealing with illegal absorbing public deposits,there will be a lot unpredictable practical issues.Some problems appear which involving the blind area of the legislation,or lagging of judicial interpretation,or different judicial judgments on the similar case.Based on the problems of crime of illegal absorb public deposits,this paper tries to make the accurate definition through of the analysis of this crime in theory and judicial practice.The main ideas of this paper are as follows:The first part is about the overall understanding about this crime.By collectingthe relevant data and analyzing the characteristic of the crime,this paper tries to summarize some conclusion in common and differences.As pointing out the difficulty of the law enforcement and administrative management,we can find out the research meaning of this crime.In order to provide the foundation for the paper,the existing laws and regulations system has been list.The second and third parts is about the study of behavioral characteristics of the crime.There are many differences in the theory and practice such as the amount of crimes and the behavior characteristics.Through examples and evaluation combining the theory of criminal law and judicial interpretation,this paper tries to find the key and the definition.The fourth and the fifth part is about the problems who will bear the punishment.It is necessary to distinguish and judge the different subject’s guilt in a joint crime.Based on the theory of partly criminal common,it is possible to judge some crime depending on the different subjective intent.In addition,this paper makes the scope of the responsible person clear according to the function and the dominant influence in the group,and then indentify the responsibilities and judge impartially.After the analysis of the system of disregard of the corporate personality,it proposes the means to differentiate the behaviors of unit crime and individual crime in the crime of illegal absorption of public deposits.The sixth part is the effectiveness of a contract for loan of money involved in the crime.In the process of some cases of illegal absorbing public deposits,there is a need to define accurately about the effectiveness of the loan contract.This will increase the difficulty to judge the difference between the crime of illegal absorption of public deposits and the common loan contract in judicial practice.This paper tries to analysis the characteristics of the crime of illegal absorb public deposits,to make a clear distinction between the confused concept and find the referential basis and practice direction in these fuzzy zones.At the same time,this paper focuses on the combination of theory and practice cases.Through example analysis and comparison,it tries to seek solutions in theory and sum up the judicial experience in order to avoid the theory divorced from practice.For pursuing thegovernance effect and the social practical effect,it is indispensable to apply the legal provisions accurately and learn from the past judicial practice experience.This makes the thesis more convincing and operable through the mutual reflection of the theory and the judicial practice.