A New Exploration Of The Criminal Regulation Path Of The Behavior Of Private Mutual Aid Associations Absorbing Fund

As an important form of informal financial organization,non-governmental mutual aid associations have been contributing to social and economic development since their birth.In recent years,with the impact of the market economy and the inherent instability of commercial activities,the phenomenon of mutual aid societies falling into disintegration has occurred from time to time.In practice,most of these behaviors of using non-governmental mutual aid societies to absorb deposits will be defined as the crime of illegally absorbing public deposits.However,with the change of the elements of "public" and "disturbing the order of financial management" in different situations in practice,as well as the intervention of the elements of "illegal possession",the conviction and sentencing in practice has aroused more and more disputes.In addition to the introduction,the text is divided into five parts:The first part,the current situation of the criminal behavior of the non-governmental mutual aid association.In judicial practice,the state recognizes and allows the existence of legal deposit absorption,and when the mutual-aid society has not collapsed,it is not necessary to be criminalized.Therefore,civil mutual aid associations that absorb funds and do not fail to meet will generally not be punished as crimes;After the meeting,constitutes a crime,under normal circumstances,the judicial organ to illegally absorb the public deposit crime convicted,under a few circumstances,the perpetrator at the beginning of the mutual aid association,has illegally occupied the property of other members,then to fund raising fraud convicted.The second part is the analysis of the criminal compliance of the fund absorption behavior of the non-governmental mutual aid association.On the objective level,the fund absorption behavior of the non-governmental mutual aid association positively responds to the objective needs of the private economy,is an effective supplement to the existing forms of private investment and financing,and is an important anchor point for the realization of inclusive finance,so it survives.Supreme law and article one hundred and seventy-six of the criminal law in 2010 released on punishing illegal fund raising judicial explanation of criminal cases,to provide illegal deposits crime patterns of behavior the basic paradigm of the research,based on the existence value and operation rules of civil society itself,you can implement deposits will use the folk society behavior,divided into legal,illegal behavior and gray.The third part,the crime of illegal absorption of public deposits to regulate the civil mutual aid association to absorb funds and deficiencies.The crime of illegal absorption of public deposits is consistent with the behavior of illegal absorption of public funds by the non-governmental mutual aid association,and the related behavior is consistent with the legal interests infringed by the crime,as well as satisfying the form and appearance of the crime and the composition of the crime.Therefore relevant behavior can constitute the crime of illegal absorb public deposits,however,in some cases to conviction will trigger a conviction and sentencing of the controversy: the stick to constitute this crime needs to meet the judicial interpretation rule of four characteristics,on the basis of analyzing the current situation to this crime convictions of contradictions and conflicts,found "openness","coerced" and "public" characteristics of three kinds of crime constitution in some cases cannot be satisfied.In addition,the conviction of the crime of illegal absorption of public deposits is controversial with the involvement of the two core elements of "public" and "disturbing financial order" in the crime of illegal absorption of public deposits,as well as the element of "illegal possession for the purpose".In terms of sentencing disputes,the conduct of fraternity members and their criminal responsibilities are uneven.Concretely,it is manifested in two aspects: the excessive criminal responsibility borne by the head of the association and the weak attack on the crime of the association foot.The fourth part,the rationality analysis of the regulation of civil mutual aid association to absorb funds by fraud crimes.By comparing the behavior of absorbing funds with the crime of fund-raising fraud,the objective characteristics of the crime of fund-raising,illegal fund-raising,large amount,and the subjective characteristics of illegal possession,this paper analyzes whether this kind of behavior can constitute the crime of fraud.In addition.Conviction of fraud may be inclusive,but due to the lack of evaluation of "public nature",it seems to be a compromise option for the judicial authorities when they are unable to crack down on the crime of fraud.The fifth part,the civil mutual aid association to absorb public deposit behavior regulation path perfection.Through the analysis of the current situation and the problems caused by the conviction of the deposit-taking behavior of the nongovernmental mutual aid society,the following countermeasures can be taken: First,the non-criminalization of the compliance behavior.First of all,on the premise of adhering to the principle of consistency between subjectivity and objectivity,we should decriminalize the actors who absorb most of the funds by actively returning the stolen goods and returning compensation.Secondly,we should decriminalize the behaviors that do not have the criminal characteristics of illegally absorbing public deposits.Second,to do not have the purpose of illegal possession,at the same time in line with the "interpretation" provisions of the "illegality","open","inducement" and "public" four characteristics of the behavior to illegally absorb the public deposit crime convicted;Thirdly,the act of raising public funds for the purpose of illegal possession is identified as the crime of fund-raising fraud,and the criminal act is fully evaluated in combination with the characteristics of the public and openness of the act,and the criminal law net is tightened.Fourthly,on the basis of distinguishing the charges of competition and cooperation,the behavior with the purpose of illegal possession generated in the performance of mutual aid association obligations is evaluated as the crime of contract fraud,and the behavior is separated from the mainstream punishment of the crime of illegally absorbing public deposits,and the pattern of handling cases is restrained,so as to implement conviction and sentencing in a more reasonable way.