Research On Puzzling Problems About The Crime Of The Illegal Absorption Of Public Deposits

With the development of economy, we pay attention to the crime of illegal depositsfrom the public. This thesis focuses on the five aspects problems of the crime ofillegal deposits from the public.Firstly, this thesis discusses the main part of the crime, sort out the disputes of thesubject of the crime, eligible deposits from the public financial institutions can or cannot become the subject. So by the analysis of the controversy, the eligible depositsfrom the public financial institutions can become the main body of this crime.Secondly, the problem of the subject aspect of the crime is that this crime requires thespecific purpose of credit or not. Through the critical analysis of the different views,this crime don’t need to have the specific purpose. Thirdly, introduce the relatedconcepts of illegal, public, deposits, and affirm the characteristics of two behaviorscalled illegal deposits from the public and absorb public deposits in disguised form,and compare the two kinds of behaviors. Disturb the financial order is the requirementof the crime. Fourthly, compare this crime with the crime of financial fraud, andunauthorized establishment of financial institutions, through object, objective aspects,subjective aspects to distinguish the difference this crime and the crime of financialfraud, and point out that combined with specific factors to be identified in practice. wehave a clear distinction between this crime and other crimes. Fifthly, compare thiscrime with other related civil conducts that private lending and entrusted financialmanagement. From the borrowing rate, the object and purpose of deposits as well asaspects of the result of the behavior to distinguish this crime and private lending.Through the terms of the security, the use of funds and financial problems, the harmto distinguish between the crime of illegal deposits from the public and entrustedfinancial management. To hope that the above discussions can benefit to the identifiedproblems in the process of judicial practice.