Research On The Difficulty Of Illegally Absorbing Public Deposits

At the 40 anniversary of the reform and opening up,General Secretary Jinping Xi delivered an important speech at the symposium on private enterprises,stressing that the private economy is an intrinsic element of China’s economic system,and that we should constantly create a better environment for the development of the private economy.More than 10 departments had also stressed that we should speed up the abolition of the relevant laws and regulations,except for the explicit prohibition of laws and administrative regulations,and should not treat legitimate financing acts with criminal.Such a large number of "policy rain" is not difficult to see the rectification efforts to protect the private enterprises.Then the field of criminal law should not be far behind.However,the problem of generalization of the crime of illegally absorbing public deposits still exists.Therefore,it is of practical significance to study the problem of the crime of illegally absorbing public deposits.The purpose of this paper is to solve the problem of the crime of illegally absorbing public deposits under the current criminal law system,so as to better define the crime and non-crime,this crime and the other crime,and solve the problems of conviction and sentencing in judicial practice.On the basis of solving the difficult problems,this paper want to get the way out of the criminal policy of the current criminal law to fight against the crime of illegally fund-raising in our country.This paper mainly discusses the dispute of constitutive elements,the cross of criminal and civil law,the difficulty of the transform to the crime of fund-raising fraud,and the difficulty of calculating the amount of crime,and draws the conclusion on the subject dispute of the crime of illegally absorbing public deposits,the dispute of "public" and the dispute of "deposit".This paper explores the calculation of the starting time of the crime from the perspective of the evolution from private lending to the crime of illegally absorbing public deposits,solves the controversial dispute over the establishment of the crime that "private lending" to other people knowing that they are illegally raising funds,and solves the presumption of the purpose of illegal possession in the process of the crime of illegally absorbing public deposits into the crime of fund-raising fraud,and solves the difficulty of calculating the amount of crime.At last,propose countermeasures on how to limit the conviction and sentencing of the crime of illegally absorbing public deposits,how to adhere to the principle of the defendant in doubt,and how to adhere to the criminal policy of loose and tough.