摘要
银行"飞单"是近年来理财产品交易中出现的新问题,随着华夏银行"飞单"案发,银行"飞单"开始进入大众视野。由于银行"飞单"的特殊性,对于如何对此类行为进行刑法评价存在较大的分歧。本文由数个银行"飞单"案引出,结合银行"飞单"的概念、内涵、具体特征,以探讨如何对银行"飞单"行为进行刑法评价。通过对银行"飞单"主体、主观方面、客体、客观方面等的分析,银行"飞单"能够纳入《刑法》第176条非法吸收公众存款罪的评价范围内。
The ＂flying deal＂ in banks is a new problem in the trade of financial products about wealth management in recent years. With the case of ＂flying deal＂ happening in Hua Xia Bank, the bank＇s ＂flying deal＂ started to catch the eyes of the public. Because of its particularity, there are considerable differences in how to carry out the criminal evaluation on such behaviors. Starting with a number of ＂flying deal＂ cases in banks, together with the discussion of its definition, connotation, and specific characters, this paper attempts to explore how to evaluate the bank＇s ＂flying deal＂ by Criminal law. Based on the analysis of its subject, subjective aspects, object, as well as its objective aspects, it is concluded that the bank＇s ＂flying deal＂ can be included in the evaluation scope of Article NO.176 of the Criminal Law for illegal absorption of public deposits.
出处
《北京政法职业学院学报》
2017年第3期73-77,共5页
Journal of Beijing College of Politics and Law
关键词
银行“飞单”
刑法评价
非法吸收公众存款罪
the ＂flying deal＂ in banks
evaluation by Criminal Law
illegal absorption of public deposits
