Differentiating Boundaries Between The Crime Of Illegally Absorbing Public Deposits And The Private Lending

In recent years,our capital market has been active unprecedentedly.With the development of small and medium enterprises,private of lending in our country has been raised up,especially innovation of internet financial model has promoted the development of private lending.Under the circumstance of financing with difficulty,private lending can cover the shortage of official financial capital and promote the development of enterprises.The Internet Finance is more convenient and efficient than private lending,so it is necessary to encourage the development of the Internet Finance.On the other hand,because of the lack of regulation and the profit-seeking,it is easy for private lending to evolve into illegal absorbing public deposits.Some new Internet Finance models are special forms of private lending apparently,but there is great risk of illegal funding-raising,for example,at the end of 2015,the case of “E Net Loan”,the case of “Fan Ya” nonferrous metal company and the case of “Jin Series” have been investigated by the police.Besides,as a result of fuzzy boundaries between the crime of illegally absorbing public deposits and private lending,it is easy for legal private lending to be classified as illegally absorbing public deposits and expand the crime ring and finally hinder the development of private lending.Distinguishing the crime of illegally absorbing public deposits and private lending accurately can not only solve the problem of juridical practice,but strive space for development of private lending.This paper will discuss the boundaries between the crime of illegally absorbing public deposits and private lending from the view of the internet finance.This paper has three sections:Section A:private lending of the Internet Finance.This section will firstly discuss concept,characteristics and forms of the private lending,which includes traditional biding financing,free loan and enterprise fund raising.On basis of this,this paper will discuss forms of traditional private lending in the field of Internet Finance includes P2 P,crowd-funding and E-commerce loan.Finally,it will analysis the legal risk of the private lending.They are vague standards of judgment,legal dispute and criminal risk.Section B:the stretch and development of the crime of illegally absorbing public deposits.This part mainly discuss two typical types of this crime,that are differential P2 P and nonstandard crowd-funding and so on.This section will discuss from the respect of forms of these two models and then discuss how this crime stretch and develop in the field of the Internet Finance.Section C: distinguish the private lending from the crime of illegally absorbing public deposits.First,it will introduce the necessity of distinguishing them,and mainly discuss the realistic importance under the special circumstance of the finance.Then,it will establish the guiding ideology of differentiating: encourage and guide the development of private lending and the internet finance and limit the appliance of the crime of illegally absorbing public deposits.These words will contribute to distinguish the private lending from the crime of illegally absorbing public deposits in the field of the Internet Finance.Finally,as the most important part,it will expound how to differentiate them.This paper will differentiate them from the object which this crime aggrieved that is “disputing the order of financial management”,and whether behavior satisfied “four characteristics” of the crime of illegally absorbing public deposits Differentiating form these three points will catch the difference between the private lending and the crime of illegally absorbing public deposits well.