Study On The Judicial Application Of The Crime Of Illegal Absorption Of Public Deposits

The crime of illegally absorbing public deposits is a common and frequent crime.In recent years,the crime has been increasing year by year.In the handling of the crime,there are also certain problems or irregularities,in order to solve the problem of judicial application,it is necessary to conduct an in-depth study of the crime.First,the interpretation of the crime of illegally absorbing public deposits.The introduction of the Applied Legal Interpretation of Illegal Fund-raising Cases has adjusted some of the contents of the original Interpretation.Standardize the expression of the four characteristic elements,and highlight the rigorous legal thinking.The content of the new era,such as information network,will be included in it,and improve the method of public publicity to the society.In the criteria for conviction and sentencing,the threshold for entry shall be raised,the criteria for conviction and sentencing for both unit crimes and natural person crimes shall be unified,the standard of "amount+circumstances" shall be increased,and the criteria for entry shall be raised directly or indirectly.In the interpretation of the application of fine punishment,the amount of fine for different files formulated in the legal interpretation of illegal fund-raising cases is reasonably selected according to the judicial application according to the situation of the case.Active return of the circumstances can be lenient punishment by setting up "before the prosecution","after the prosecution" to remind the defendant to take the initiative to return compensation,for the court to decide the circumstances of sentencing to provide a basis.After the interpretation of the above content,the judicial application of the crime of illegal absorbing public deposits is obtained through the form of case retrieval.Secondly,the cases after March 1,2022 are selected for analysis,summarize the disputes existing in the cases,and grasp the difficulties existing in the judicial application of the crime.The crime of illegal absorption of public deposits exists in the judicial application of the crime pocket,the boundary between the crime and other similar charges and the unreasonable application of unlimited fines,analyze the causes of the concept of fuzzy definition,the optimization of private lending and the complexity of illegal fund-raising behavior all have a bad impact on the judicial application of this crime.Finally,suggestions on the judicial application of illegal absorption of public deposits:when solving the problem of "pocket crime",the correct category of "deposit" and "public" can avoid the generalization;solve the problem of content duplication between this crime and other similar crimes,and accurately define the boundary.When improving the unlimited fine punishment,it is necessary to realize the principle of clarity and also improve the principle of fine punishment amount discretion,so as to really play the role of punishment and deterrence.