"Case of Qideli" Analysis of the Criminal Law

Illegally absorbing deposits from the public, fund-raising fraud, false registered capital of behavior has seriously damaged the management of the socialist market economic order, and seriously interfere with the state of the company’s management system, damage to the public, especially the interests of creditors. In this paper, the "Qi Deli, and others illegal deposits from the public, fund-raising fraud, false registered capital case," the classic case analysis, combined with jurisprudence, criminal law jurisprudence of several companies related to the theory of Analysis of the relevant legal issues in the hope that the crime of illegally soliciting deposits from the public, fund-raising fraud, and false registered capital crime of Justice finds that a reference. For some of the improvement of relevant laws and regulations offer some suggestions.This paper mainly discusses the following three parts:The first part is mainly on the "Qi Deli, and other illegal deposits from the public, fund-raising fraud, false registered capital case" the basic case are introduced at the same time I use simple icon on the facts of the case parts of the order, the fact is divided into three parts, makes the whole case more clearly, in order to do further analysis below foreshadowing.The second part is the focus of this article, the author under the facts of the case, combined with defense and prosecution arguments on both sides summed up the focus of several areas of controversy, as well as other relevant issues arising from the case, mainly consists of three major aspects:First, How to determine Qi Deli,LuYueMing’s behavior? The second is the implementation of Qingdao,600 Business Building Company Limited acts of false registered capital, finds that the responsibilities of ownership?Third, judicial cognizance of the other issues:the illegal deposits from the public and "private loans" between the definition of; "financing verification" in the crime of false registered capital of the identified problems; false registered capital crimes in the company’s responsibility is mainly responsible for the problem of identification. Trying to focus on controversy and related issues for more than an analysis of the handling of cases put forward the views of the author to address in practice the theory and practice likely to encounter problems.The third part is mainly based on the analysis in this case, perspective China’s current laws and regulations relating to the crime of illegally soliciting deposits from the public, the crime of false registered capital of the problems, and made some immature for improved recommendations.