Research On The Restricted Path Of The Crime Of Illegally Absorbing Public Deposits

In order to protect the franchise of bank deposit and loan business,the growth momentum of illegal fund-raising was limited,and the crime of illegal absorbing public deposits was established.However,with the increase of the application frequency of the crime of illegally absorbing public deposits in recent years,it is necessary to reflect on whether the crime itself has problems.Criminal Justice should not be too involved in private financing,financial creation and development need a relatively loose legal environment,several elements of which should be limited interpretation.This article on the crime of perfection in combination with the existing theory on the basis of the necessary argumentation,hope to provide some reference for the academic community to limit the crime.The first chapter is the introduction part.From the research background,the purpose and value of the crime are studied.Then the academic research on the general description of the status quo,the crime of the theoretical basis for a necessary comb.At last,the paper explains the research content and corresponding measures,and points out the innovation and deficiency of the paper.The second chapter discusses the constitutive elements of the crime and the frequency of the crime.Through the separation of the Constitution of the crime,the macro-analysis of the crime,clear the direction of the regulation of the crime and legal characteristics.Combined with the frequency of the crime in the past several years,this paper analyzes the abnormal phenomena in the application of the crime,and draws the necessity of regulating the crime.The Third Chapter Discusses The dilemma of regulating this crime and its theoretical differences.Through the four main ambiguous concepts of the crime,the crime in the trial as a "pocket crime" reasons.There are many theories regulating this crime in the academic circle,and two kinds of regulation methods are concluded:"decriminalization theory" and "restriction theory".The Fourth Chapter Discusses that this article adheres to the "restrictive theory".First,the necessity of the choice of "restriction theory" is fully explained,and then the four main ambiguity of the crime is explained restrictively.Finally,through the crime of "illegal","public","deposit" and "legal interest" for a limited understanding.