On The "Openness" And "Publicity" Of The Crime Of Illegally Absorbing Public Deposits From The Perspective Of Legal Interests

Since the establishment of the crime of illegally absorbing deposits from the public to protect the legal interests has not been a final conclusion,and with the development of economy,the theory of the crime of protecting the legal interests of more differences,and no legal interests against no crime,accurate to clarify the protection of the legal interests of the crime for the accurate grasp of whether a crime,especially to understand the elements of the crime has a very important role.The "openness" and "publicity" of the crime of illegally absorbing deposits from the public refer to the second of the four conditions that must be met for the determination of illegal absorption or disguised absorption of deposits as stipulated in judicial interpretation."Openness" is not equal to "publicity"."Openness" refers to whether the means and methods adopted to absorb deposits from the public are open,and the corresponding is secrecy."Publicity" refers to the object of the act is not specific.It corresponds to a specific object.Although the judicial interpretation of the provisions of the "open" and "public" two characteristics,but for the specific application of the crime of illegally absorbing public deposits or did not provide a particularly big help,the two characteristics in the specific application of many difficulties,so it is necessary to clarify the protection of the legal interests of the crime on the basis of the two characteristics of rethinking,in order to better guide judicial practice.As for "openness",as one of the conditions for identifying illegal absorption,it does not provide much help for identifying "publicity".Having "publicity" does not certainly have "openness",but the existence of "openness" limits the scope of application of the crime of illegally absorbing public deposits.In judicial practice,the feature of "openness" is empty and empty,and there is a direct denial of the role of "openness" in crime and non-crime when judicial organs handle cases.Theoretically,the necessity of its existence has also been questioned by scholars,and some laws have deleted the "openness" feature when defining illegal fund-raising.The feature of "publicity" faces more difficulties in application,which leads to the lack of operability in judicial practice."Relatives and friends","non-specific object","unit internal specific object" several key words connotation extension is not clear lead to judicial practice application difficulties,can not really use the provisions to achieve the purpose of the crime.The judicial interpretation omits the handling rules when knowing that relatives and friends absorb deposits from specific objects,and the handling rules when the objects of illegal deposit absorption include relatives and friends are not comprehensive enough.Reconsideration and interpretation of the "openness" and "publicity" of the two characteristics,to solve the above problems,we must first make it clear that the legal interests protected by the crime of illegally absorbing public deposits are financial management order and public funds security,and then re-understand and interpret the two characteristics from the perspective of dual legal interests.The existence of "openness" will not only limit the incrimination of some acts,but also limit the incrimination of some acts,which is not of great significance to the identification of illegal absorption and has no necessity to exist,so it should be deleted.The non-specific object of "social public" should be defined as non-specific or majority,and the specific majority should be 200."Relatives and friends" shall include relatives and friends.Relatives refer to the direct relatives of the depositor and the collateral relatives within three generations."Friends" refer to the persons who have deep emotional foundation and long-term continuous good relationship with the depositor.No interest or lower interest is agreed upon for the deposit absorption.The connotation of unit should be defined as an organization with its own organizational structure and form that is not explicitly prohibited by law.The identification of specific objects within the unit should be considered from the perspective of the relationship between the absorber and the absorbed,whether there is close contact or work contacts,and a certain degree of familiarity.For the case that the object of deposit includes relatives and friends,it is necessary to distinguish whether the depositor has criminal intention at the beginning,and allow the depositor to have legal non-governmental loan during the period of illegal deposit absorption.For the situation that relatives and friends absorb deposits from specific objects,they shall be considered at different levels.If there are only two levels,they shall be deemed as absorbing deposits from specific objects;if there are more than two levels,they shall be deemed as absorbing deposits from unspecified objects.