| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 107 === Nowadays, the economy of nations is growing rapidly; people make use of circulating funds of financial markets generally. However, supposing that huge amount of money becomes a tool for criminals to abuse. The risk of financial market from the funding liquidity may cause a financial crisis.
This article is based on the integration of common financial behavior of evading control, to generalize about three types of crimes called the underground bank. In definition, people who illegally engage in banking operation business means underground banking behavior avoiding financial regulation. It includes accepting the illegal deposit, handling remittance, and usury. The front two behaviors regulated in Article 29 of the Banking Act, undoubtedly, are classified as a violation of the professional operation of banking institutions. We have a dispute that usury is whether classified to the crime of protecting law interest of personal property or protecting law interest of financial order in our country. Also, the conceptions of accepting illegal deposit and handling remittance aren’t totally undoubtedly. Defining the range of boundaries that the concurrent relationship between illegal fundraising and fraud, and what the legal interest of handling remittance is an important core of discussion of the underground bank.
During Japan''s bubble economy, Japanese people aware of the pain deeply about the financial market sudden collapse. We have a considerable degree of similarity in culture and values. For this reason, this article tries to regard the Law of Japan as comparative law. And we through the experience of foreign law and the consideration of legal norms to make a mirror and reflection on the application of the normative system in our country.
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