Reflections on the Relationship between the Crime of Illegally Absorbing Public Deposit and the Validity of Contract-Based on Perspective of Normative Protection Purpose
From both judicial and theoretical perspectives,there are two views regarding the relationship between the crime of illegally absorbing public deposit and the validity of contract:application of penal and civilian norms is an independent relationship versus application of the two norms is a constraining relationship.The disagreement arises due to the differing cognition towards consistency of normative protection purpose in applying the principle of unity of legal order.The interpretation of normative protection purpose to the crime of illegally absorbing public deposit should follow the principle of objective teleological interpretation,mainly adopt a functionalist approach while taking into account both spatial and temporal background specifically.The normative protection purpose can be divided into three stages:orders used for protecting currency monopoly of commercial banks,orders used for maintaining the faith of investors participating in financial markets,orders used for regulation of solid protection against systemic financial risks.And coherence of normative protection purpose is the external expression of coherence chosen by value of law.The choice given by value of law embodied in the two normative protection purposes,is inconsistent in the first stage and third stage,contrary to the unity of legal order,and needs to be curbed;while being consistent in the second stage,and complying with unity of legal order,it could be adopted independently.
the crime of illegally absorbing public depositthe validity of contractsunity of legal ordernormative protection purposevalue of law
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