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The illegal deposits from the public sin

Author: ZouWen
Tutor: HeBingSong
School: China University of Political Science
Course: Criminal Law
Keywords: The crime of illegal deposits from the public Illegal fund-raising Private fund raising Capital Trust
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 550
Quote: 4
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Abstract


In a normal market environment, capital is the premise of the survival and development of economic subjects. With the rapid development of the socialist market economy in China's reform and opening up, China's private enterprises growing need for more financial support. However, due to the legacy of the planned economy, the financial system is very rigid, state-owned banks generally only lending to large and medium-sized state-owned enterprises, private enterprises are difficult to obtain financial support from the formal financial institutions, so the widespread phenomenon of illegal fund-raising. Has a very large social harm due to illegal fund-raising, the Criminal Law of illegal fund-raising activities stringent legal regulation, including the crime of illegal deposits from the public most often used to combat a variety of fund-raising crime. At the same time, due to the illegal absorb public deposits Crime legislation defects, leading to problems of the theory and practice of dispute continued. To this end, we try to analysis of the crime of some basic theoretical issues, as well as some controversial practice in accordance with relevant expertise. The writing of this article the idea is something like this: Chapter illegal absorption of the crime of public deposits constitute a problem for analysis, this chapter is divided into four first section introduces the main elements of the crime of illegal deposits from the public sin in this section I believe that illegal absorb public deposits subject of the crime should not be entitled to financial institutions engaged in deposit and loan business, including the approval of the competent authority for approval; Section 2 describes the illegal absorbing elements of the object of the crime of public deposits; Section III describes the illegal absorption the crime of public deposits the subjective aspect Elements; Section 4 introduces the crime of illegal deposits from the public objective aspect of crime elements. The four second chapter of the crime of illegal deposits from the public and other related crimes \the same point with the distinction of the upper point of the concept of sin; Section II main purpose of illegal deposits from the public of the crime and financial fraud are introduced; Section III describes the illegal deposits from the public sin and not issue stock, the sin of the company, corporate bonds distinction; Section IV on illegal crime of deposits from the public and allowed to establish the relationship between the analysis of the financial institutions in the crime. The third chapter of \\The fourth chapter of \Mixed trend describes the impact of judicial practice. The fifth chapter is \judicial practice, and thus make perfect views.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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