非法吸收公众存款罪司法适用限制研究.pdfVIP

Abstract In recent years,with the rapid development of economy and society ，the crime of illegal deposits from the public have brought serious violations to the country and individuals .Accordingly,it is necessary to use criminal to regulate the crime.However, due to the general provisions of the law and judicial determination of paying a heavy attention to form and ignoring the importance of essence,it makes incriminating lowered the threshold of this crime, and leads to judicial application of the crime with a lot of subjective arbitrariness. of causes the arbitrariness with heavy color.This also provides a possibility for further study on this crime in theory and practice.This paper,based on the existing legislative framework and combined with law interest and the theory of crime constitution,focuses on limiting judicial application and specifically research and analysis ,based on a careful analysis of the cases.This paper contains four parts: The first part is to analyze the conviction standard.This part ,combined with law and criminal basic theory,analyze its conviction standard.It mainly expounds the standards of the form and substance,and hold that we should stick to the unity of the form and substance standards in judicial determination.Blindly according to the amount of funds,the number of people whose funds are pooled,repayment ability or property losses to identify this crime,it contraries to the austerity of criminal law spirit and legislative intent. The second part is to give a survey on cognizance of the crime.This section mainly through statistical analysis of the judicial decisions which have been heard,intuitively reflects the status of judicial application of the crim