Research On The Prevention And Control Of The Crime Of Illegally Absorbing Public Deposits By Private Enterprises

Since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China opened the prelude to reform and opening up and started the market-oriented and legal oriented reform,China’s private enterprises have sprung up and made important contributions to China’s economic and social development.However,there is a very popular saying in Chinese society,which is called "private enterprises die of financing".Although it is exaggerated,it vividly points out the financing difficulties faced by Chinese private enterprises.Due to the small scale of enterprises and low credit rating,it is difficult for private enterprises to obtain loans from banks.Therefore,private enterprises can only follow the tide of financial innovation and use some new financial service formats for financing.However,due to the relative lag of national financial legislation,these new types of financial services have not been effectively regulated by law.As a result,when private enterprises use these financial formats for financing,they and investors have to face a lot of potential payment crisis and legal risks.Once these risk points break out,private enterprises may face civil disputes or even criminal penalties The risk of crime.Based on this,the author hopes that through the study of national legislation,judicature and corporate governance of private enterprises,we can find the causes of the criminal risk of illegal absorption of public deposits faced by private enterprises,and explore the methods to prevent and control this criminal risk.