Abstract cases of illegal deposits from the public status of depositors litigation has been a controversial issue.In practice generally believed that because of illegal deposits from the public acts of the legal interests of national financial management order, the victim should be the country, so the depositor is not only not a victim, but also undermine national financial order of participants. This paper argues that, to determine in what capacity depositors participate in the proceedings, to adhere to the principle of consistent subjective and objective, subjective understanding according to different depositors to be treated differently, can not be generalized.
Paper Keywords depositor victims criminal complaint body
Illegal deposits from the public practice of the prosecution case was handled more of a class of economic cases. Such cases generally involve a wide range of many depositors to deal with them is very difficult. People's Procuratorate, especially if the decision in criminal proceedings are terminated or the court's decision, ruling refused to accept complaints and appeals department to the prosecution filed a criminal complaint, the complainant depositors whether they have the qualification to become a major problem, the problem is not only related to people property rights protection, but also to social harmony and stability. However, review of existing laws and regulations on such cases and did not make the relevant provisions, which gives the judicial practice bring some problems.
To determine whether a person has a complaint qualifications deposit, we must first solve the illegal deposits from the public in cases in which the action status, which is based on the identity of victims of depositors participate in the proceedings as a witness or participate in the proceedings. Author of a place on the admissibility of grassroots procuratorate had Kongshen together because depositors against the court judgment to my hospital for the criminal complaint cases. After accepting the case, for such cases brought by the depositor filed a criminal complaint should be examined whether there were two different views, a view that depositors do not have the qualifications complaint, because the crime of illegal deposits from the public part of criminal law the provisions of Chapter III of the destruction of the socialist market economic order, it is against the law benefits the country's financial management order, the victim should be the country, so the depositor is not a victim, and is also a participant undermine national financial order and therefore does not have the appeal qualifications, can only participate in the proceedings as a witness and, therefore, is not a criminal appeal cases parties. Another view is that depositors should also be the victim of such cases, because if it were kept in illegal sequestration of funds have been squandered at and can not be returned, their interests have been compromised, should be entitled to apply for a criminal complaint . But I believe that these two views are biased, the reason is that both these views are generalized for all deposits per capita, there is no detailed distinction between different types of depositors, not able to do punish crime and protect the legitimate rights and interests of depositors organic combination.
A criminal complaint concept and scope of the subject
To investigate the illegal sequestration case whether the person has a complaint deposits qualification, we must first be clear what is the subject of criminal complaints as well as those who can become the main body of the criminal complaint.
According to 'People's Procuratorate review the criminal complaint case provides that' the provisions of Article IV, the main criminal complaint refers to the People's Procuratorate of the criminal proceedings are terminated treatment decisions as well as the people's court has become legally effective criminal judgment or order (including criminal with civil judgments, ruling) refused to accept the right to reprocess the requirements of the people, that the criminal complaint the applicant. Depending on whether the right to enjoy an independent complaints, criminal complaint criminal complaint and the body can be divided into two major categories of criminal appeals agents.
(A) criminal criminal complaint the complainant who is an 'independent right to appeal a natural person and units.' 'People's Procuratorate review criminal complaint case provides that' Article XIII: 'People's Procuratorate of the original bill, the parties and their legal representatives, their close relatives the complaint should be declared inadmissible.' Thus, the parties and their legal representatives, near relatives are At present, China statutory criminal complainant. Which according to 'Criminal Procedure Law' provisions of Article 82, the parties also includes the victim, private prosecutor, criminal suspects, defendants, plaintiffs and defendants in incidental civil action.
(Two) agents criminal complaint criminal complaint refers to an agent who accepts to hire a criminal complaint or delegate to the criminal complaint in the name of a criminal complaint activity. Criminal complaint agents only agency without independent right of appeal, which must be commissioned in the criminal complaint within the scope of the exercise of the right of petition. According to 'People's Procuratorate review the criminal complaint case provides that' Article XIII provides: 'The claimant lawyers as agents of complaints should also be accepted.' 'Lawyers Law' Article 25 provides that a lawyer could 'accept the suspects in criminal cases to hire, to provide legal advice and complaints, complaints. ' All China Lawyers Association to develop a 'lawyers involved in handling criminal norms' (Trial) Article 9, Law Firm, according to the parties and their legal representatives in criminal cases, close relatives of the commission, appoint a lawyer to act as an agent of appeals . According to the above provisions, in our country can act as agent only lawyer criminal complaint.
Therefore, in the case of illegal deposits from the public, the People's Procuratorate on criminal proceedings are terminated and the decision has been taken legal effect people's court criminal judgment or order to carry out a criminal complaint against then there is the subject of victims, suspects, defendants and delegate or employ such persons a criminal complaint agents. Among these, the suspect, the accused and their appointed agent has the right to doubt the criminal complaint, and for the victim's complaint is there is a big difference, especially in such cases the victim of depositors in the end is not yet in practice There is considerable controversy. If you recognize the depositor is a victim, then the deposit is not all people are the victims? If you do not recognize the depositor is a victim, then these people will participate in the proceedings in what capacity? To solve these problems, we must first determine the depositor from litigation position to start.
Second, the concept of the victim as well as its legal interests and criminal activity relationships between objects
Criminology crime victims refers to loss or damage caused by the harmful results of the burden. In victimology, including four meanings: First, the victim is suffering from a certain loss or damage resulting. Including physical or mental, tangible and intangible, abstract and concrete damage. Secondly, the victim is the result of direct or indirect harm bear recipients. Again, the victim of a crime against the criminal acts against the object or the social relations of the subject. Finally, from the extension of speaking, since the victim is harmful results certainly bear the recipient, then everything will suffer crimes against the harm incurred by the results of the 'people' are victims.
The legal interest refers to the basic principles of the Constitution, protected by the law, the objective may have been infringed or threatened the interests of people's lives, that is commonly referred to as criminal object. Behavior object also called criminal object (behavior object), generally refers to the act of the role of legal interests of the subject (person) or a physical manifestation (matter), for example, intentional homicide behavior object is human, child abduction offense behavior object is dissatisfied Children 14 years old and so on.
Behavior object and not one to one relationship between the victim and some crimes may not be the object of conduct, but all crimes should have natural victim. Because crime is the essence of infringement of legal interests, the interests of legal interest must be associated with all laws are to protect the interests of the community of some students, leaving the interests of the concept of law does not exist. Legal interests must also be associated with people, the purpose of criminal law is to protect the interests of people, so only the interests of the legal interest can be called, are worth only the interests of the criminal law protection. The interests of people's lives, including not only personal life, body, liberty, reputation, property and other interests, but also including the establishment of the basis of the protection of individual interests and thus can revert to the personal interests of national interests and the interests of society. Therefore, the national interest or the interests of the community can be seen as against the interests of individual citizens against because of national interest or the interests of the community is a collection of individual interests of all citizens, the final analysis, all of the crimes against the individual interests of citizens, civic In this sense, individuals can become victims of all crimes.
Third, the possibility of censure is to determine the case of illegal deposits from the public depositor prerequisite litigation status
Refers to the possibility of censure on the constituent elements of the offense in line for the perpetrator's censure, that responsibility. Elements is the responsibility of the subjective components, refer to the Penal Code provides for the establishment of crime must have, indicate the possibility of the behavior of the elements of disapproval. Subjective Elements of all the elements of crime must have, in our country, does not have the intent, fault behavior, not substantiated crime. Penal Code expressly provides that no intentional and negligent acts, even if results in harmful consequences, nor set up an offense. Subjective Elements is one of the criteria Zuiyufeizui distinction, is the establishment of the elements of crime must have objectively implemented against legal interests, along with subjective subjective components, the crime can be established.
No liability will be no penalty is a fundamental principle of modern criminal law. Specifically, even if certain actions are consistent with the provisions of the Criminal Code of the objective constituent elements, resulting in a benefit to law violations or dangerous, but this alone does not branch at the penalty, the penalty Branch Office also requires the actor has the possibility of censure. In other words, do not have the responsibility of crime is not established. Accountability will be established as a crime elements are the basic requirements for the purpose of punishment. Because the punishment does not have the responsibility of sexual conduct, crime prevention effect does not exist.
There accountability negates the objective is excluded from compliance with acts of the constituent elements of the subject matter of accountability. The responsibility of the foundation, is a recognized ability to control who has to accept the requirements of legal norms, the possibility of the implementation of legal acts, but did not accept the requirements of laws and regulations, the implementation of the constituent elements of the offense line with the objective. Therefore, actors recognize or may recognize their behavior is prohibited by criminal law when (the possibility of knowledge of illegality), it should generate opposition motivation, enforce criminal behavior allowed. If the actors could not recognize their behavior is prohibited by criminal law and implemented, it can not be blamed on the actors. The illegal recognize the possibility that the perpetrator is a constitutive elements in the implementation of compliance behavior, be able to recognize their behavior is illegal. The implementation of the constituent elements of the offense line with the objective of understanding the perpetrator does not have the possibility of illegal and can not be impugned. On the one hand, with the possibility of knowledge of illegality, in order to produce the motivation to comply with the law, it has the possibility of censure; impossible to know for their own behavior prohibited by law who can not legally require its waiver of such behavior, and therefore can not held accountable. The only way to protect the perpetrator's freedom of action. On the other hand, criminal law has no integrity, and the implementation of the principle of legality, violation of legal interests by criminal law is not necessarily a crime. Therefore, even if the perpetrator aware of their actions violated a legal interest, but reasonably believe that their behavior is not prohibited by the criminal law, that illegality error can not be avoided, the possibility of not having a reproach.
Thus, according to the above analysis, the case of illegal deposits from the public in determining the status of the depositor litigation, can not simply be identified with being or not, but should adhere to the principle of consistent subjective and objective, based on different subjective components were determined to make . When a person knows or should have known deposit of illegal sequestration does not have the qualifications deposits, deposits its behavior without the approval of the competent authority, is illegal, but those who seek illegal sequestration promised high interest and other income funds deposited in illegal sequestration by place, time deposits not only disrupt the country's financial order and participants, and its behavior is also illegal, such deposit is not a victim of course, she does not have the right to appeal. However, when people do not knowingly deposits nor should know each other deposit-taking behavior is illegal, and illegally kept in their deception or deceived, in order to obtain high interest on it considers to be 'legitimate' interests of the funds deposited in illegal sequestration were at the time, although objectively they are caught with illegal deposits from the public is disrupting financial order state actors, but because they do not have the subjective intent or negligence, does not have the responsibility, and thus they can not be found is illegal, so that depositors can participate in the proceedings to the victim's identity, also has a corresponding right of appeal. However, if the illegal sequestration will deposit principal who has returned to the depositor, regardless of when depositors have no subjective intent, should not be the victim, because of its legitimate interests are not compromised Otherwise, only to witness identity participate in the proceedings, there is no right of appeal.