The Study Of The Perfection Of Crime Of Illegal Absorb Public Deposits

China’s "criminal law" in 1997 set up the crime of illegal absorb public deposits, which makes the behavior regulation of illegal absorb public deposits rose to levels of criminal law. As time goes on, this crime ring constantly expanding, and became a pocket crime. Many sentences in the judicial practice have caused widespread concern and controversy. The expanding scope of this crime blocks the way of the business operators to the folk lending money. This paper uses the method of empirical analysis to this crime as the research object, which has theoretical significance and practical value. The theoretical significance is that it analyses the theory of the defects in the crime of illegal absorb public deposits and the improvement of the specific Suggestions, provide theoretical support for this crime to determine reasonable crime ring. The practical significance is mainly based on the analysis of existing problems, and this crime perfect countermeasures and some suggestions are put forward.This paper is divided into four parts:The main content of the first part is the research scope and description. This part mainly introduces the research background, its research status, research methods, the choice of the sample, the research content, the research goal and significance.The main content of the second part mainly states investigation of the situations and conditions of this crime.It objectively describes the crime subject, the amounts involved, the number of the victim, capital USES, on charges of dispute, the types of behavior, the standard, the penalty applicable conditions. Inspection results: the vast majority involved are male businessmen. The main features of the cases involved are followings: the sums of money involved is large, the number of victims big, the way is diversified. Actors absorb the private lending mainly for production and business operation, lending, private consumption and investment. This crime is difficult to distinguish with the crime of fraud and the folk lending. It is rare to be sentenced to a fine independently;The measurement of penalty of unit crime and natural person crime different; the correlation of the punishment and the amount of money is closely.The third part is to analyze the problems in the process of this crime in the applicable. The problems in the application of this crime mainly include: behavior uncertain division, the low standard of crime, the equivocation between this crime and the folk lending, easy to be confused with fund-raising fraud, hard to cognise the amount of crime, the unit crime to the person in charge and persons directly responsible inconsistent sentencing is not reasonable, the court sentencing scales, etc. This part analyzes the above problems one by one.The fourth part puts forward suggestions for the perfection of this crime. Private lending eases difficult situation of the lending to small and medium-sized enterprise funds, but its expansion makes the business operators easy to be labeled as "crime". Behavior uncertain divisions, the low standard and the in-discrimination of the capital purposes are the important reasons for expansion of this crime. The part improved some suggestions for the problems above, in order to leave give more room for the private lending.In the aspect of penalty correction,the author suggest higher fine punishment for unit crime.In order to make the penalty fair and reasonable,the standard of prosecution set for the u nit crime should be the same as the crime comitted by individuals.