The Identification Of The Crime Of Illegally Absorbing Public Deposits Under The Background Of Internet Finance

With the rapid development of Internet technology,the theoretical basis of the crime of illegally absorbing public deposits in the past has gradually failed to meet the development requirements of the new era.Especially with the growth and expansion of the new network financial model,the old mode of attribution to judge the crime only by whether it conforms to the external manifestation of the crime of illegally absorbing public deposits has gradually failed to meet the requirements of handling such cases at present.Therefore,we must explore the connotation of the essential illegality of this crime on the original basis.In today’s Internet finance context,with the rapid development of Internet finance,the adjustment of financial policies and the continuous introduction of pre-existing legal norms,the original criminal legislation has fallen behind the pace of The Times.This article want to through the sequence of the history of its development,and summarizes the existence of its inner core meaning and purpose,combined with the characteristics of the new era of the Internet financial background,analysis of this crime in the context of the challenges facing and the dilemma of appeared in the process of judicial cognizance to the crime of illegal absorb public deposits as the main research content,Following the train of thought of finding the problem,analyzing the problem and solving the problem,this paper analyzes the current predicament of the identification of this crime,and puts forward some perfect suggestions for the identification of the dilemma.It includes the following aspects:The first chapter mainly introduces the overview of this crime,which specifically introduces the historical evolution of this crime,the legislative concept,the current situation of legislation and the new characteristics of the crime under the background of the Internet.By reviewing the history and analyzing the current situation,we can better understand the "past and present lives" of this crime.The second chapter mainly introduces the new challenges faced by the crime of illegally absorbing public deposits under the background of Internet finance,and analyzes the background of the rise of Internet finance and the problems of this crime under this background.Through the first two chapters introduce and introduction,the third chapter combines statistics in the judicial practice of the crime of illegal absorb public deposits historical cases,sums up the crime of illegal absorb public deposits in the judicial cognizance,the two main difficulties,the first it is because of the expansion of the judicial application,makes this crime has increasingly become illegal fund-raising cases "out sex crime";Second,it is difficult to distinguish between this crime and related acts and charges.On this basis,the author makes a targeted analysis of the reasons for this predicament.The fourth chapter focuses on the identification of difficulties in both legislative and judicial aspects of the improvement of the proposal,hoping to maintain the vitality of the crime under the new Internet economy background,and effectively promote and maintain the economic operation of the whole and public funds security.