Research Into The Crime Of Illeagal Absorbing Public Deposits

Financial crime is accompanied by the establishment and development of the financial market and occurred in the field of financial damage to the country’s financial management system and order, crime, criminal law mainstream financial crime of the crime of illegal absorbing public deposits has been controversial The author embarks from the historical point of view, has combed the our country since the founding of the People’s Republic of China to the legislative history of the crime of illegal absorbing public deposits, it is concluded that the crime of illegal absorbing public deposits with the development of social economy in our country, experienced a "from scratch" and "from there to more clearly the development process. At the same time, the author modesty in the characteristics of financial crime and criminal law as the starting point that scope of the crime of illegal absorbing public deposits and the regulation of criminal behavior should be in within the scope of financial regulation of administrative law, and it should be a financial administrative law the regulation is not sufficient to achieve legal and disciplinary effect of illegal behavior. Therefore, the author believes that the crime of illegal absorbing public deposits as legal and financial crimes, which should be violated, should be established in the national financial management system and the order of the bank management system and order.According to the financial circles and the law circles research on bank management system and of the origin of banks. According to the author, the bank business franchise by national laws and regulations of the mandatory security business, namely "deposits and distributed loan" business, crime of so illegal deposits from the public should punishment is a violation of national banking franchise business management system and order, crime, namely "deposits and distributed loan" behavior. However author carded our existing legislation, it is concluded that the angle of the crime of illegal absorbing public deposits, in China’s current legislation to regulate the behavior is to behave as a starting point, namely illegal absorption of public deposits crime regulation is only through public savings behavior of mobile phones, media, newspapers and otheT public dissemination of absorption, and do not explore the behavior of people to raise funds after the use, that is, however, asked to raise gold after the behavior. The legislation will cause a practical problem, that is to say, not business banking franchise business, "by way of communication to the public of the deposits but will raise funds for their own business" behavior of social harmfulness, in criminal law than banking franchise business -- "through private absorbing deposits but will raise funds for to other public issuing loans" behavior more serious, contrary to the crime punishment adapts the principle ".In addition, the author also from the perspective of judicial determination, the practice of the widespread existence of private fending and small loan companies for analysis and evaluation According to China’s current laws and regulations, private lending is not prohibited by law, and the law on private lending also did not make clear restrictions on the number of objects, "to the public deposits of behavior" is in essence a number of private lending behavior, therefore, the current criminal law regulation "by simply open the way to the public deposits behavior is not reasonable; at the same time, the small loan company should and can only use its own funds to foreign loans, is not able to absorb funds from the public, and in practice many small loan company or its management to the public to absorb funds behavior, due to its business bank’s franchise business therefore, be identified in practice for the crime of illegal deposits from the public there is no problemFinally, the crime of the illegal deposits from the public and financial fraud, the usury onfent crime and other financial crimes were compared, especially the regulation of re lending at high interest rate behavior in our country to protect the bank’s franchise business, from the aspects of also side proved the author’s point of view, the crime of illegally absorbing public deposits should regulate "acts in violation of the provisions of the administrative regulations of our country financial, without authorization to the public deposits and the funds for loans to other social public behavior and protect the is state of the bank’s franchse business management system and order.