The Limitation Of The Crime Of Illegal Absorption Of Public Deposits

Facing the trend that the scope of application of the Crime of illegal absorption of public deposits is expanding,we need to find the reasons and characteristics of the expansion based on the current situation of the application of the Crime of illegal absorption of public deposits.It was established in 1995 which was to protect the bank’s business of absorbing deposits.However,it has become a crime of covering the bottom in judicial practice.The main reason is the judicial misinterpretation of t the Crime of illegal absorption of public deposits.Therefore,it is necessary to find the methods and ways to limit properly on the basis of the principle of legality.It is based on the logic of “proposing problems,analyzing problems and solving problems.It is mainly based the comparative analysis of the previous legal provisions,criminal law provisions and judicial interpretation of the crime of illegal absorption of public deposits over the years,this paper analyzes the specific handling methods and evolution process of the illegal absorption of public deposits in China and explores the reasons for the expansive application of the crime of illegal absorption of public deposits in combination with the specific case’s handling process and results.In the existing theory of the restricted crime of the illegal absorption of public deposits,it is mainly based on the three aspects of the subject,the object and the protection of legal interest.Combined with the explanation of "illegality",it is proposed to find another way to restrict the crime of illegal absorption of public deposits from the perspective of the protection of legal interest,and abandon the past applicable method centered on the financial management order and focus on the financial transaction oriented doctrine.In order to protect the financial order,it is better to limit the scope of application of the crime of illegally absorbing public deposits,and reasonably distinguish the legal and illegal acts in Internet financial activities,so as to adapt to the development of social and financial policies.When restricting the crime of illegal absorption of public deposits,taking the administrative supervision system as the guide,implementing the administrative law first,taking the criminal law as the final regulatory means,and then implementing the effective connection between the administrative law and the criminal law.Especially when solving the practical problems in P2 P online lending,equity crowdfunding and the third-party payment,combined with the provisions of the administrative law and the criminal law,the effective way is to establish the regulatory principles for the future development of Internet finance,keeping the alienated behavior of Internet finance within the scope of the criminal law,clearing the obstacles for the development of Internet finance,and at the same time,protecting the healthy development of Internet finance,and reserving enough space for the Internet Finance’s development.