Study On The Judicial Determination Of The Crime Of Illegally Absorbing Public Deposits

At present,the economy of our country has maintained a good overall development status,the market economy is developing continuously,the financing channel is widening unceasingly.However,due to the lack of effective guidance and norms for private financing,most financial institutions have not been included in the safety supervision of government agencies.Many criminals take advantage of this loophole to absorb private capital in the gray area and illegally absorb public deposits from time to time.Among the cases of disturbing financial order,the crime of illegally absorbing public deposits accounts for a large proportion.This kind of criminal behavior involves many people,and it is difficult to recover the invested funds of investors,which not only disturbs the normal order of the financial market,but also lays a hidden danger for social stability.Whether the crime is convicted or not,and whether the judgment is reasonable,will directly affect the interests of the victims and their families.Therefore,it is very necessary to discuss this kind of case and unify its judgment and determination.In this paper,judgments in China Judicial Documents Network are taken as examples,and precedents of cases involving illegal absorption of public deposits in Hebei and Jiangsu provinces from 2018 to 2021 are selected for statistical analysis.Through the analysis,it is found that the current criminal law has different views on the determination of its conviction and constitutive elements,and the phenomenon of fuzzy reasoning of the court exists.In view of the existing doubts and differences,the following four points are summarized: First,define the relevant concepts of the crime of illegally absorbing public deposits,and define the connotation of "public","absorption" and the "illegality" of the judicial determination of this crime.Second,to determine the criminal subject of the crime level.The interest issues involved in the crime of illegally absorbing public deposits are of the nature of stakeholders,so we should conduct reasonable regulation and control on the identification of "crime level" from different levels.To which level of the defendant into punishment,need to make a unified standard and understanding.Third,make clear the subjective intention of the defendant.In criminal judgments,most of them are objective facts described by the defendant,while the recognition and explanation of the defendant’s subjective intention are not comprehensive enough.Whether the criminal has subjective intention is of great significance to the determination of the crime.Therefore,the debate process of subjective intention should be introduced and defined in such cases.Fourthly,it analyzes the problem of recovering stolen goods and refunding compensation for illegally absorbing public deposits.Although the Eleventh Amendment to Criminal Law has been promulgated,the processing of compensation is very difficult.For this kind of crime,we must further improve the existing laws and regulations and judicial interpretation,clear and unified the identification standard of this crime,and achieve the definition and division of crime and non-crime.And to strengthen the relevant departments to strengthen management,from the source to prevent the crime of illegal absorption of public deposits.