A Study On The Crime Of Illegally Absorbing Public Deposits

The stability of the state financial management order provide a good market environment for the rapid development of a country's economy,it's essential for a country's economic development,so all countries attach great importance to the protection of the national financial management order.As the illegal absorption of public deposits is extremely harmful for the stability of the national financial management order,the Chinese legislation set up a crime against the illegal absorption of public deposits in the field of criminal law,and introduced the corresponding judicial interpretation in the subsequent judicial practice,but the current criminal law on the crime of illegally absorbing public deposits is still not perfect,it's difficult to accurately distinguish between illegal absorption of public deposit crime and some legitimate financing and other illegal fund-raising crime in the judicial practice according to the existing criminal law norms in China.The problems of the crime of illegally absorbing public deposits in the practical identification caused widespread concern and discussion of the community.This paper begins with the case of Li Moumou and Zhu Moumou illegally absorbing the public deposit as the starting point,introduces the basic situation of the case,finds out the problems in the case,and draws the research object of the thesis through the case of the equity involved in the case,that is illegal to absorb the crime of public deposits.And then analyze the crime composition of illegal absorption of public crime with the traditional four crime constitutes elements.The third part of the paper discusses the problems existing in the practice of illegally absorbing the crime of public deposits,and analyzes the relationship between the illegal collection of public deposits and private loans,entrusted financial management,equity ownership and the difference between the actual operation,the difference between the actual operation,and the analysis of the relationship between the crime of illegally absorbing public deposits and the crime of fund raising and fraud.And analysis determined the difference between the crime of illegally absorbing public deposits and the crime of fund raising fraud with the object of a crime,criminal objective and the subjective aspect of crime.Finally,this paper analyzes the case that the first part has introduced,and analyzes the legislative shortcomings of China's illegal absorption of public deposits,and puts forward some suggestions for perfecting the crime of illegally absorbing public deposits in China.hoping to help the judiciary to make the lawful and fair and reasonable judgments when dealing with the types of cases.