Research On The Crime Of Illegally Absorbing Public Deposits

There is a vague boundary among of the crime of illegal absorption of public deposits,fund-raising fraud,private lending,and entrusted wealth management,causing constant controversy in the academic community.At the same time,the identification of this crime also plagues judges in judicial practice.Especially when the implementation of such behavior in the name of the company,and the case involving false legal representatives,significant shareholders,and purely technical service providers,it is more complicated to determine the behavior.In such cases,false legal representatives are often involved in providing identity information and registering companies,but they do not actually perform the duties of the company’s legal representative.Although the act itself does not violate the criminal law,he knows that the company engages in illegal fund-raising activities and does not care or objectively assists,it is necessary to evaluate the behavior of the false legal representative from the criminal law level whether it may constitute a related crime.At the same time,if there are significant shareholders who are not actually funded in the company,they are only controlled by the hidden shareholders,and they are not aware of the company’s specific operations,Only by virtue of their “shareholders” status,Can’t let them be responsible for the crimes committed by the company.However,if a significant shareholder actually participates in illegal or criminal activities,he or she will be liable.In addition,if there is a pure technical service provider in the company,it only provides technical support for the operation of the company,such as narrow network platform,vulnerability or Trojan virus killing,etc.,the technical service provider itself does not participate in other operations of the company.It is difficult to be held responsible for criminal acts.In addition,the main difference between the crime of illegally absorbing public deposits and the crime of fund-raising fraud is the purpose of illegal possession.In the case of satisfying the illegal absorption of public deposits,if it has the purpose of illegal possession,it can be regarded as the crime of fund-raising fraud.On the basis of clarifying the boundary between the crime of illegally absorbing public deposits and the crime of fund-raising fraud,it should be determined that which crime the illegal absorption of public deposits constitutes.Finally,when the company has a significant shareholder,a hidden shareholder,a false legal representative,a purely technical service provider,etc.,and these different identities have different degrees of participation in the company’s criminal activities,from the point of view of the conditions for the establishing joint crime to distinguish and identify what crimes these people constitute.