A Study On The Crime Of Illegally Absorbing Public Deposits

With the rapid development of market economy,private enterprises for the growing demand for funds,private financing to become a new channel for enterprises to obtain funds,a large number of forms of fund-raising endless,and even some companies in order to strive for more money,the eyes turned to legitimate channels Of the illegal fund-raising.In the face of high incidence of illegal absorption of public funds,the state has adopted a criminal means to crack down,but illegal fund-raising activities have not been effectively curbed,but because of the expansion of the crime applicable,triggering strong social accusations.Judicial organs in the process of determining the crime,continue to appear complex problems,the reason is that the illegal absorption of public deposits crime itself is flawed,leading to judicial practice in the identification of the standard blurred.To this end,the author through the analysis of relevant theories and cases,try some of the substantive issues of this crime and the practice of the existence of this crime in-depth study of the crime,and the crime in the legislative and judicial aspects of the proposed recommendations to Accurate use of this crime regulation of illegal fund-raising behavior has benefited.In addition to the introduction and conclusion,this paper mainly includes the following four parts:The first part: Overview of the crime of illegally absorbing public deposits,including two sections.The first section of the criminal history of this crime,combing our legislation on the origin of this crime to improve the whole process.The second section is the basic characteristics of this crime,the system introduced the four basic characteristics of this crime: the illegality of the means,the openness of the act,the profitability of the return and the social risk.The second part: the illegal absorption of public deposits related to the composition of the elements of the analysis,a total of four sections.This part analyzes the controversy of the subject,object,crime amount and result of the crime respectively,and puts forward the concluding opinion respectively.The third part: the illegal recognition of the crime of public deposits,including a total of two sections.The first section distinguishes between the crime and the private loan and the entrusted financial management,which aims to clarify the boundaries between the crime and the non-crime.Section 2 through the crime and fund-raising fraud,illegal business and unauthorized establishment of financial institutions crime between the three to distinguishbetween the crime to distinguish between the purpose of the judicial practice to help accurately identify the crime.The fourth part: the illegal absorption of public deposits of the perfect proposal,including a total of two sections.This part points out the problems existing in the legislation and judicature of the crime,and puts forward relevant suggestions from the legislative and judicial aspects respectively.