Study On The Limitation Of Judicial Application Of The Crime Of Illegally Absorbing Deposits From The Public

In the present era of rapid development of market economy,some market entities,in order to achieve profit objectives through monetary capital operations,have resorted to illegal means to absorb public deposits,resulting in significant fluctuations in bank interest rates,which in turn has seriously disturbed the financial order of the market.In order to maintain the financial order and stability,the state incorporated the crime of illegal public deposit-taking into the criminal law in 1997.The crime of illegal absorption of public deposits involves multiple interests,and the social impact of the case is often increased,so the state has always taken a strict attitude against such acts.However,it may also lead to over-regulation of normal private financing for the purpose of legitimate production and operation,inhibiting the development of the market and affecting the healthy development of the economy.Therefore,the application of the crime of illegal public deposit-taking needs to be appropriately restricted and interpreted in order to avoid the abuse of penal power,to avoid making it the default crime for all fund-raising behaviors,and to prevent its full inclusion in the scope of criminal law regulation to provide clear behavioral norms for market subjects.The number of judicial cases of this crime has increased explosively,which proves that the scope of application of the crime of non-absorption has been expanding in judicial practice.The trial practice of the crime of illegal public deposit shows that the blurring of the criteria of "illegal" and other formal characteristics,the alienation of the connotation of "deposit",and the lack of identification of the use of funds have been the crux of the generalization of the application of this crime.In this regard,the core elements of this crime should be understood and interpreted restrictively from the legislative purpose of this crime,in order to achieve a reasonable restriction on the judicial application of the crime of illegal public deposit-taking.