Research On The Related Difficult Problems Of The Crime Of Illegally Absorbing Public Deposits

In recent years,with the rapid development of market economy,private business activities have become more and more active,including private financing.The emergence of private financing has opened up new financing and investment channels for the operation of small and medium-sized enterprises,alleviated the financing difficulties of small and medium-sized enterprises to a large extent,and enhanced the vitality of social and economic development.In today’s society,financing used to be a legal way to obtain circulating funds within a certain range prescribed by law.However,some people are carrying out criminal activities in the name of "legality",which will undoubtedly disturb the order of financial management.Although countries for illegal absorbing public deposits such illegal fund-raising behavior gave serious legal regulation,but the results are not so good,combined with the crime of illegal absorb public deposits since set up due to such crimes is not clear,the applicable scope expanding gradually and are causing them to become hot spot of the academic debate,so how to design good under the new economic situation about the future direction of the issues of common concern to become the social from all walks of life.This paper will conduct in-depth research on all kinds of difficult problems in judicial practice,and explore the crime of illegally absorbing public deposits in combination with the trend of economic development.This article intends to analyze the related problems of the crime of illegally absorbing public deposits and put forward corresponding suggestions to improve it.Therefore,the article mainly includes the following parts:The first part elaborates the legislative evolution,definition and characteristics of the crime of illegally absorbing public deposits,which mainly introduces the process and characteristics of the criminal regulation of the crime.With the development of current economy,the regulation of this crime in criminal law also conforms to the social situation to a certain extent,experiencing changes from nothing to nothing.In this process,this crime also has the characteristics of a wide scope of involvement,large amount of money involved,hidden criminal behavior,high returns as bait and so on.The second part of the crime of illegal absorption of public deposits in the objective and subjective aspects of the relevant issues were analyzed in detail.Firstly,it interprets the objective aspects from four different angles of illegality,openness,sociality and inducement,and comprehends the four characteristics according to the social development situation.Secondly,it identifies the subjective aspect through the criminal purpose and the wrong judgment of legal cognition.The third part analyzes the relevant problems in the judicial determination of this crime.First of all,this crime and the crime is that private lending,and secondly to the distinction between this crime and other crimes,discussed this crime and the crime of fraud of the fundraising and set up the crime of financial institutions without authorization the boundaries of such related crime,through the concept,characteristics and constitutive requirements of analysis,thus more clarify the different between this crime and other crimes.The fourth part is mainly based on some problems existing in the crime of illegally absorbing public deposits and put forward some suggestions to improve it.According to the original intention of legislation of this crime,as well as the distinction of related concepts and the further examination of the crime,the suggestions of perfection are mainly divided into legislative perfection and judicial perfection.The legislative perfection puts forward to clarify the description of the crime and perfect the disposition of the criminal law;while the judicial perfection includes limiting the scope of application and supplementing the judicial interpretation.