User's Inquiry: 用户主要想了解非法吸收公众存款罪在英语中的表述，以及该罪行的具体定义、构成要件、法律责任、相关法律法规和一些实际案例分析。他/她关心的是这个犯罪行为在国际法语境下的理解和适用。
Answer:
1. The English Term for the Offense:
The crime of "illegal absorption of public deposits" in Chinese is often translated into "illegally soliciting public deposits" or "unlawful solicitation of public deposits" in English.
2. Definition and Elements:
Illegally Soliciting Public Deposits refers to an act where an individual or organization, without authorization from the relevant financial regulatory authorities, publicly solicits funds from the general public by promising to return the principal and interest, thereby disrupting the financial order. The key elements include:
- Unauthorized solicitation: This means that the entity did not obtain necessary permissions from regulatory bodies.
- Public nature: The solicitation must be directed towards the general public, not just a select few.
- Promise of returns: There must be an assurance of repaying the deposited amount along with interest or other benefits.
- Disruption of financial order: The illegal activity should lead to instability in the financial market.
3. Legal Liability:
According to Article 176 of the Criminal Law of the People's Republic of China, those who illegally solicit public deposits shall be sentenced to fixed-term imprisonment of less than three years or拘役 (imprisonment for a term of up to one year), or both, if the circumstances are serious; a heavier penalty may be imposed if the circumstances are particularly严重 (Article 176).
4. Relevant Laws and Regulations:
In addition to the Criminal Law, this offense is also regulated under the Banking Regulatory Law of the People's Republic of China and the Administrative Provisions on the Supervision and Administration of Deposit-taking Business of Non-bank Financial Institutions.
5. Case Analysis:
For example, in the case of "Company A Illegally Solicited Public Deposits," Company A,未经批准,通过承诺高息回报的方式向公众募集资金。法院审理后认为，其行为构成了非法吸收公众存款罪，根据《刑法》第176条的规定，对公司A进行了刑事处罚，并对非法所得予以追缴。
Summary:
The crime of illegally soliciting public deposits, in essence, involves unauthorized fund-raising activities targeting the public with promises of returns, which can cause disruption to the financial system. In China, it is punishable under the Criminal Law, with specific provisions guiding liability and penalties. Understanding this crime in both Chinese and English contexts is crucial for international legal practitioners dealing with cross-border financial cases.
