| Since the establishment of the crime of illegally absorbing public deposits,it aims to defend the financial order.Since the law has the character of lagging behind,the crime may be circumvented by regulations,but in fact it becomes a pocket crime of illegal fund-raising crimes provides convenience.With the great development of China's market economy and the reform of China's economic system,as well as the emergence of Internet finance,the attitude towards financing channels has also changed,in this context,the application of this crime in practice also shows many problems,so it is necessary to analyze the problems and causes of this crime.At present,a large number of cases of establishing this crime have emerged,and the actions that constitute such crimes have not decreased but increased.This shows that in addition to the fact that the crime of illegally absorbing public deposits does have its deficiencies,it can also explain the lack of social governance of this crime.In order to continue plays its active role in maintaining the financial market of this crime,it is necessary to explain the crime and reformulate it from the legislative level.This article is divided into three parts except foreword and conclusion.The first part is an overview of the crime of illegally absorbing public deposits.It mainly introduces the legislation of this crime,and analyzes and interprets the legal benefits of this crime.Based on the three theories currently discussed and get my point of view.The second part is the dilemma of judicial application of this crime,and the dilemma is mainly based on the pocketing of this crime and the difficulty in distinguishing from related acts and charges.The reason for the pocketing of crimes is due to the ambiguity of the relevant constituent elements of the regulations,including "illegal","public" and "absorbed funds" will affect the determination of this crime,including the use of funds absorbed,the determination of the amount about funds also involves the judgment of the subject,and it is this ambiguity that leads to the openness of the crime;furthermore,the pocketing of the crime is manifested in cases of illegal fund-raising,especially in the process of determining the crime of fund-raising fraud,when the purpose of fund-raising or when the evidence is found to be insufficient,it will take the step down and apply this crime.In addition,there are many overlaps between this crime and private lending and other similar crimes,which also increases the difficulty of judicial application.The third part is the perfect suggestion for this crime.From the perspective of judicial application,it explains the vague elements and distinguishes them from related acts and some crimes,so that the crime can be more clearly defined when it is applied,but the explanation is not enough to completely avoid the pocketing of this crime and the distinction between private loans and similar charges,Therefore,from the legislative point of view,we need consider changing the crime to the crime of illegally absorbing public funds,based on this,to increase the administrative prerequisites,and increase the crime threshold of this crime further.Increasing prepositions does not mean that the determination of the crime depends on the judgment of the administrative law,but based on the current development of the financial market,according to the nature of the behavior,the lighter illegal behavior should not be rose to a crime,so can reduce the pressure of the criminal and also can follow the development of the market to ensure its vitality.To raise the threshold of this crime,on one hand,it can restrict the relevant concepts;on the other hand,it is also necessary to increase the amount of the crime.Through judicial interpretation of this crime and the proposal to amend this crime from the legislative level,the revised charge can be adapted to the development of the financial market in the context of the new era and give the most positive social effects of exerting this crime. |
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