Study On The Behavioral Characteristics Of The Crime Of Illegal Absorption Of Public Deposits

At a time when internet finance is developing rapidly,the over-application of the crime of illegal absorption of public deposits has led to an imbalance between financial innovation and financial security,and the over-emphasis of campaign-style regulation on the strength and efficiency of the crackdown has led to a crisis of overuse of criminal law,which is rooted in the failure of the application of this crime to keep up with the changes of the times,and the inability of the judiciary to accurately grasp the connotations of the four features in the application of this crime.Combining the background of the times and financial logic,the author believes that on the issue of illegality,the legal interest protected by this crime should be the safety of public funds behind the legal interest of order.The formal standard of illegality cannot solve the accurate application of this crime,so the illegality should be interpreted substantively,firstly,the legal interest of order and the legal interest of security should be established,and secondly,only through the legal interest of order to infringe the security of public funds,can this crime be applied.In the process of evaluation of the act of absorption,there are different states of legality,administrative illegality and criminal illegality.On the issue of publicity,the public character has the significance of an independent judgement,but in the process of specific application it should be interpreted as the uncontrollable coverage of information on fund-raising.On the issue of induceability,induceability should be distinguished from remunerative character,which is a characteristic of the conduct of the offence of unlawful taking of public deposits in criminal law and a characteristic of civil conduct,respectively.Compared to remunerative character,the basis for the punishability of induceability lies on the one hand in the interference with the market interest rate and on the other hand in the falsity of the information on the taking of deposits,thus leaving the public deposits in an unsafe state.Therefore,a judgement should be made on the investment information,while the perpetrator should have acted as an inducement,and the victim should not be found to have established the characteristic of inducement if he or she is able to recognise the risk.On the issue of sociality,although Internet finance has the characteristics of short crime cycle and increased range of people involved,however,it has not changed the core issue of finance-the issue of trust,so the logic of finance should be followed and the lack of trust relationship should be used as the basis for judging the unspecified object,which is also in line with the relevant provisions of the relevant judicial interpretation.At the same time,the determination of the number of perpetrators has a certain significance for the social character of the crime,but the current regulations concerning the number of perpetrators make the threshold of incrimination low.The study of criminal law in criminal law alone cannot properly address crimes in the financial field,and the Amendment(XI)to the Criminal Law has increased the statutory penalties for this crime,so in the specific application of this crime,it should be judged against the background of the times and the logic of finance itself,and it is neither appropriate to expand the combat surface nor to lower the threshold of incrimination in order to better adapt to the development of society.