Analysis Of Li Zheng's Cases Of Illegal Absorption Of Public Deposits

With the continuous development of society and economy,the weight of Internet finance in capital operation is increasing,and Internet financial crimes are increasing.In addition,the credit investigation system and financing mode are not perfect and perfect,which makes the illegal absorption of public deposits frequently occur in the rapid development of Internet finance today.According to the provisions of the existing criminal law,however,is not very accurate,the cognizance of this crime,crime,behavior and characteristics of "not related financial aptitude","absorption or disguised absorption","public","deposit" and "disrupt the country's financial order" specific statements,such as law and judicial explanation is not clear and modified frequently,with the change of the state's financial policy leads to crime,there is a big dispute applicable in practice,and has become a suspected of illegal fund-raising type crime "whole".In order to effectively solve the problems encountered in the judicial practice,through to the crime of illegal absorb public deposits such as Li Zheng class case analysis,to e rent treasure with network folk financing behavior,including e rent is a treasure in the guise of financial innovation is engaged in the illegal deposit-taking,not belongs to the category of network folk financing,more do not belong to financial innovation.And analyzed the components of crime of illegal absorb public deposits,Li Zheng et behavior does not have the purpose of illegal possession,subjectively objectively in the case of no financial aptitude to no particular public deposits money,and the money is not used for the production and business operation,seriously disrupted the country's financial order,the subjective and objective is consistent in the scope of the crime of illegal absorb public deposits.In this case,li zheng et al.ostensibly raised funds from the public through e-leasing baodi promotion company.In essence,they mainly engaged in illegal and criminal activities after the establishment of the company,which is a natural person's crime.The identification of the criminal amount in the crime of illegal absorption of public deposits in this case.The legal interest protected by the crime of illegal absorption of public deposits is the national financial order.Every illegal absorption of funds is a damage to the financial order.To sum up,China's criminal law should be further improved and improved the relevant legislation,to provide a more clear legal basis for the accurate identification of this crime,and to better realize the more feasibledistinction between the crime of illegally absorbing public deposits and the crime of private lending and fund-raising fraud.