The Judicial Determination Of The Crime Of Illegally Absorbing Public Deposits In Internet Finance

With the development of Internet finance,the crime of illegally absorbing public deposits has been expanded and applied in judicial practice,and it is suspected that it has become a crime of "fundraising".Because of the incomparable extension of traditional finance,Internet finance faces criminal legal risks while developing.Among them,the risk of illegal fund-raising is the most significant.Internet financial activities represented by P2P have some characteristics of illegal absorption of public deposits.At present,when we use the crime of illegally absorbing public deposits to crack down on the Internet financial crime,it deviates from the original intention of protecting the banking business,and there are defects and loopholes in judicial identification.From the macro level,the concept of law enforcement of judicial organs makes the crime expand,to the micro level,the confusion of the objective elements of the crime,such as legal interests,the public and deposit recognition,with the crime of private lending and fund-raising fraud,hinders the free innovation and development of Internet finance,combining with the principle of modesty in criminal law and the "abolition theory" and"limitation theory" on the crime of illegally absorbing public deposits "As well as foreign measures,clarify the judicial application of the crime of illegally absorbing public deposits in the current context,reflect on and limit the expansion and application of the crime in the criminal legal boundary,and find out the way to adapt to social development.From the perspective of the doctrinal theory of criminal law,the first chapter takes the crime of illegally absorbing public deposits as the starting point,analyzes the data of the crime of illegally absorbing public deposits in financial crimes in recent years and introduces the characteristics and risks of Internet finance,taking the typical representative P2P of Internet finance as an example to explore the crime of illegally absorbing public deposits in China in recent years Application of the law.The second chapter introduces two kinds of theories about the crime of illegally absorbing public deposits in our country,which are the theory of limiting and abolishing,as well as the behavior of absorbing public deposits in the common law system and the civil law system.The third chapter analyzes the judicial concept of the crime of illegally absorbing public deposits in the Internet Finance:the difficulties faced by the judicial organs in the criminal justice and the judicial concept crossing with the civil administration and the path to correct the deviation.The fourth chapter mainly expounds the problems of the objective elements of the crime of illegally absorbing public deposits,such as"legal interest","public" and "deposit",in the judicial application of Internet finance,and clarifies these elements based on the "theory of limitation".The fifth chapter introduces the confusion and distinction between the crime of illegally absorbing public deposits and the similar behavior,mainly with the crime of private lending and fund-raising fraud.Through the five chapters of the crime of illegally absorbing public deposits in Internet Finance and suggestions,I hope that through the combination of practice and theory,we can better improve the judicial determination of this crime in the context of Internet finance.