Several Issues On The Crime Of Illegal Absorb Public Deposits

Along with the unceasing development of market economy, our country’s economy changes with each passing day. With booming financial markets, market main body’s demand for money is also growing rapidly. Due to the high thresholds and single financing way of financial institutions loans, and the existence of a large number of folk idle funds, there is a huge market supply and demand both sides. With the development of private lending, problem of illegal absorbing public deposits in multiple situation. In such cases, a lot of problems in the process. The problems mainly includes the cognizance of this crime and the distinction between the crime of fraud of the fund-raising problem. With typical cases, the writer raises the problems that is worthy of studying, and then make a comprehensive analysis of these problems, puts forward the train of thought and method.In the aspect of whether the crime of illegal absorb public deposits is a crime or not, this article takes Mingzhe Wang’s case as the research object, defines "public", the object of absorb deposits. In addition, the article raises the problems of how to distinguish folk lending from illegal absorbing public deposits, and how to prevent illegal lending and other issues. The case reflects the reality of unclear definition of such crime. The author made a further analysis and research of illegal absorb public deposits, and analyzed from the aspects of crime constitution characteristics of the crime of illegal absorbing public deposits with the problem.For the cognizance of the crime of illegal absorb public deposits, this paper takes the case as the research object. This paper mainly researches on whether the purpose of collect deposits affect the qualitative, whether this crime case is made for results and the related charges of discrimination. In daily economic activities, there are many difficulties in financing for some of small enterprises in our country; and they have to absorb public deposits in an illegal way. Therefore, the author suggests to improve relevant policies and regulations, improve the financing environment, establish an effective mechanism system, encourage and guide the folk financing into the right track.There are many fund-raising fraud cases in practice, and there are many similarities between fund-raising fraud and illegal absorbing public deposits. At the end of the article, the author discussed Wu Ying case. There are quite different opinions between the prosecuting and defending parties of the case, so the author thinks and researches on the nature of similar cases. The article focus on the analysis of the defendant’s subjective purpose, the problem such as the identification of nature of the case. In addition, there are transformation cases between the two crimes in some situations, the author also made analysis and study the problem, put forward a proposal for reference.