| In recent years,with the prosperity of market economy,private capital is becoming more and more active and important in the economic market.Meanwhile,the crime of illegally absorbing public deposits presents a serious situation in terms of the number and amount of cases.It involves various fields of economy and society,and has various means of committing crimes,which poses a serious threat to the national financial management order.Moreover,such crimes cause irreparable losses to the economic interests of the public and easily lead to social group incidents.Starting from the case of Fu Mou song and others’ illegal absorption of public deposits,through combing the facts of the case,supplemented by the analysis of the constitution of the crime of illegal absorption of public deposits,it is found that in this case,Fu Mou song and others violated the national financial management regulations,without approval according to law,through oral public propaganda,in the name of the village committee,promised high interest returns to the society’s non-specific objects The act of disturbing the financial order constitutes the crime of illegally absorbing public deposits.Always grasp the most essential characteristics of the crime of illegal absorption of public deposits,that is,to destroy the order of financial management,to regulate the private financing behavior,so that it can be clearly distinguished from the crime of illegal absorption of public deposits,so that the court can be more legitimate and reasonable in determining such cases.The behavior of Fu Mou song and others is in the name of the unit,for the benefit of the unit,absorbing funds flow to the unit,and reflects the will of the unit.Considering the above factors comprehensively,the behavior of Fu Mou song and others constitutes a unit crime.The court of first and second instance both think that the village committee can not set up unit crime,but in fact,as the main body of litigation,the village committee has become an inevitable trend.It is necessary to improve the relevant provisions on unit crime as soon as possible,so that potential non sucking criminals can not have the intention to exploit legal loopholes,take unit actions to commit crimes and seek improper interests for individuals.The object of deposit taking by Fu Mou song and others is not limited to relatives and friends.The behavior of taking deposits for unspecified objects is undoubtedly a crime of illegally absorbing public deposits.Part of the borrowing from relatives and friends is their behavior object under the control of the same criminal intent,and the part of borrowing from relatives and friends should be included in the criminal amount.Of course,different cases should be treated differently.If the perpetrator really borrows money from specific objects,relatives and friends,we should not include it into the scope of this crime.The purpose of establishing this crime is to maintain the order of financial management,not a total denial of private lending.The actual violator of the deposit taking behavior of Fu Mou song and others is the village committee,and the actual user of the absorbed funds is also the village committee.The village committee is an organization with independent responsibility ability and should bear the responsibility of refund and compensation to the fund-raising participants. |
