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非法吸收公众存款罪和集资诈骗罪是近年司法实践中的热门罪名,二者因犯罪金额巨大、涉及人数众多、社会影响面广等特点受到社会各界的广泛关注。实践中,对非法吸收公众存款罪和集资诈骗罪的争论颇多。本文以非法占有目的的认定为切入点,从两罪的主观方面入手进行深入辨析,以期为司法实务提供新视角。
The crime of illegally collecting public deposits and fund-raising fraud is a hot charge in judicial practice in recent years. Both of them have drawn widespread public concern due to their huge amount of crime, large numbers of people involved and wide range of social influences. In practice, there is a lot of controversy over the illegal absorption of public deposits and fund-raising fraud. This article takes the identification of the purpose of illegal possession as an entry point and analyzes the subjective aspects of the two crimes in order to provide a new perspective for judicial practice.