On Illegal Absorb Public Deposits Crime

Abstract:illegal in China’s criminal law crime of deposits from the public thanks to the highly abstract concise counts regulations, leading to its meaning is unclear, epitaxial expansion, where applicable, and related civil and commercial legal blurred or even conflicting. In the same time, this crime in the application with the fund-raising fraud mutual confusion. At present, the Supreme People’s Court for illegal fund-raising in criminal cases issued judicial interpretation of the specific applicable illegally absorbing deposits from the public the crime of conditions, the specific behavior,’and sentencing standards, financial fraud, illegal possession for the purpose of identification made it clear that play a certain role in the accurate and uniform application of the illegal fund-raising related offenses, but after a year of judicial practice, illegally absorbing deposits from the public sins are magnified phenomenon has not improved, private lending, trust management, etc. phenomena and illegally is still not clear, the boundaries between the public deposits crime illegally absorbing deposits from the public crime and fraud in the difference still remains in the subjective intentional on the illegal possession. On the basis of the concept of illegal deposits from the public the crime and constitutes a characteristic focus on the Crime namely Zuiyufeizui. this crime and he sin to be beneficial to the judicial practice.The main content of this article consists of four parts, the first part through the "illegal" and "disguised" and "public","disturbing the financial order" to define the meaning of the word, and thus comprehensive, objective definition of illegally absorbing deposits from the public meaning of the crime.The second part of the object, the objective aspect, the main subjective aspects constitute the four elements of analysis, further analysis of the crime of illegal deposits from the public the crime constitutes. The third part through the analysis of private lending, commission agent, delineation of the boundaries between nature, illegal absorbing public deposits crime and civil contract actions. The fourth part of the illegal deposits from the public crime and fraud in the comparative law norms, supplemented by relevant cases encountered in the application of the two crime-related problems and solutions.The main point of this article, in the current judicial practice, illegal absorbing public deposits applicable too enlargement, in the same civil law countries, the region does not exist on charges, I believe that in our country should be strictly applied, thethe composition of the sin of judicial interpretation of the provisions of the four conditions, also should be absorbed funds is used for capital management as to constitute one of the conditions. The more the face of a large number of private lending, private financing or in the name of the trust management behavior, we should use economic and administrative means to be persuasion, not simply for criminal processing. Illegally absorbing deposits from the public crime and financial fraud, the difference lies not only in the subjective purpose of illegal possession, two sin objectively different.This study view is that some scholars believe that the crime of illegal absorption of public deposits should be abolished from the Criminal Law, I believe that should be taken to compromise, not only retains the crime in our country continue to play its special effects, and at the same time careful to apply thecrime.