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The Analysis on Crime of Deposits from the Public

Author: ZhangJinYong
Tutor: ZhangYong
School: East China University of Political Science
Course: Criminal Law
Keywords: Illegal deposits from the public Crime constitution Judicial determination the Analysis
CLC: D924.3
Type: Master's thesis
Year: 2012
Downloads: 435
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Abstract


In theory, The crime of deposits from the public is important charges in thedestruction of the socialist market economic order.Its objective acts are illegaldeposits from the public and covert deposits from the public against the financing inthe national financial order management order. The main unit and individual,subjective aspects of intentional. However, financial institutions become the mainbody of this crime? Subjective intent if it contains illegal absorption of the specificpurpose of operating profit after the deposit? How to distinguish between other typesof crime against the country’s financial order? Illegal deposits from the public andcovert deposits from the public the specific form of expression and what aspects, boththe nature of the behavior, what is different? Deposits and civil legal act-how todraw the distinction between the boundaries of private lending? Illegally on theseissues, quite controversial. Collation and analysis and has published materials, Iwould theoretically on these issues a little of their own views and opinions in order todeepen the understanding of these issues. Of writing this article thinking about is this:Chapter1: Track from the criminal legislation of the crime of illegal depositsfrom the public and crime elements to clarify the basic theory of the crime of illegaldeposits from the public. Focus is to elaborate the basis of a correct understanding ofobjective behavior identified the main subjective purpose. Subjective aspects ofillegal deposits from the public not to the specific purpose of the constituent elements.Of this crime do not have the actor has a specific purpose. In practice, the behavior of the implementation of illegal behavior absorb public deposits or disguised depositsfrom the public may be used for credit, may be used for production and operation,with the ultimate aim generally for profit, but whether for the purpose of making aprofit no impact on the composition of this crime.Chapter II: In judicial practice level correctly identified the illegal deposits fromthe public charges. Focus on identified crime or is a departure from the "amount" and"serious circumstances"."Deposit" the nature of that problem. Increasingly seriousillegal fund-raising phenomenon and depositors active participation are inseparable,confirm deposits should not be used as the lawful property of the victim’s right to curbtheir speculative psychology, to more effectively prevent and control the occurrenceof this crime and the expansion of the loss of a very important significance. Constitutea crime analysis on the basis of a clear difference with other financial crimes.Chapter III: Further understanding of the crime of illegal absorption of publicfunds from the special form and accomplice form. And the retention or abolitionshowed that the attitude of illegal fund-raising charges.The fourth part: Illegal deposits of the common law the relevant legislation, financialcrime legislation, and China in the criminal policy of combining punishment withleniency little opinions.

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