| The problem of financing has been perplexing the development of private enterprises.Under the background of the development of China’s financial market,some people do not hesitate to take risks to turn to underground finance.However,it has triggered lots of financial crimes,most of which are crimes of illegal fund-raising.Taking a case of the crime of illegally absorbing public deposits in the field of pension as the research object,this paper judges whether the actor’s fund-raising behavior constitutes the crime of illegally absorbing public deposits,mainly from the four points.There are some disputes about the judgment of the "illegality" of the crime.According to the judicial interpretation,"illegality" refers to the violation of national financial regulations without the permission of relevant departments.However,there are inconsistencies between the violation of national financial management regulations and the provisions of article 96 of the criminal law.Secondly,when judging the "illegality" of fund-raising behavior,we should also make a comprehensive judgment in combination with the provisions of Article 13 of the criminal law.The fund-raising behavior in violation of the front-end law does not necessarily lead to a crime,but needs to be judged by the independent value of the criminal law.At the same time,the main difference between the crime of fund-raising fraud and the crime of illegal absorption of public deposits lies in whether there is the purpose of illegal possession.Therefore,in judicial practice,on the premise of specific combination with relevant judicial interpretations,we should avoid objective imputation,and we can not determine that the perpetrator has the purpose of illegal possession only because he cannot return the absorbed funds.The criminal law on the crime of illegally collecting funds should be revised to lower the punishment threshold for the crime of illegally collecting funds and maintaining the development of private enterprises. |
