A Study On Illegal Absorption Of Public Deposits By Family Enterprises

With the development of social economy,unit crimes emerge one after another.The subject of unit crime includes company,enterprise,institution,organization and so on.As a kind of enterprise organization form,the crime of family enterprise has its particularity.Family enterprises are generally economic organizations formed by kinship structure,the distinction between individual will,family will and unit will is vague,and the category of individual interests,family interests and unit interests is ambiguous.Therefore,in the legislative practice,it is insufficient to identify the crime of illegal absorption of public deposits by family enterprises by unit crime.In order to improve the relevant legislation and achieve the integrity of the protection of legal interests.This paper takes the family-type enterprise crime as the research object,especially for the case of illegal absorption of public deposits,and explores the actual deficiency of the penalty of the current family-type enterprise illegal absorption of public deposits crime identification unit crime.Researches on unit crime and natural person crime have always been a hot topic in the field of criminal law,because they are related to conviction and sentencing as well as the integrity of the overall protection of legal interests.Commercial affairs originally belong to the field of private law,and the criminal public law itself is demonstrated by the commercial legal system.Although it is not possible to see the whole picture,as a legal person who "looks back and forth between norms and facts",it is beneficial to think about the current practical problems with the overall legal thinking.There is no lack of consideration of the relationship between individual rights and obligations in the field of public law,and there are also mandatory provisions in the field of private law.These two fields are not opposed to each other,but should learn from each other and complement each other.It is not only the legal literacy that legal people should have,but also the connotation that should be contained in the problem of solving complex and changeable cases in the construction of the rule of law system in the new era.From the perspective of the disregard of corporate personality system,this paper makes an in-depth analysis of the crime of illegal absorption of public deposits by family enterprises,and to interpret and explain whether to identify family enterprise crime as unit crime or natural person crime.Specifically,the first part introduces the general situation and definition of illegal absorption of public deposits by family enterprises.The second part analyzes the malpractice that the illegal absorption of public deposits by family enterprises is considered as a unit crime.The third part probes into the legal proof of negating the unit crime of the crime of illegally absorbing public deposits by family enterprises.And the last part demonstrates the feasibility of the disregard of corporate personality system applicable to the illegal absorption of public deposits by family enterprises.The purpose of this paper is,on the one hand,to clarify the constitution of unit crime responsibility in judicial practice and to prevent family enterprise personnel from attempting to use unit crime to cover up crimes committed by natural persons.The relevant personnel(persons who are not directly responsible,but play an important role)shall not be exempted from legal punishment because of the determination of the crime committed by the unit.To make criminal conviction and sentencing compatible with crime and punishment.On the other hand,it is expected to play some roles in the protection of legal interests and judicial justice,taking into account the prevention and control of crime.