Research On Several Problems About The Crime Of The Illegal Absorption Of Public Deposits

In recent years, with the rapid development of China's economy illegal fund-raising class occurs frequently. Very controversial illegal absorb public deposits cases occur occasionally. In practice, the crime of the illegal absorption of public deposits is the main kind of the crime of illegal fund-raising. About the crime mainly concentrates in both the understanding of itself and its judicial cognizance. It has the important guiding significance for public security and judicial organs defining this crime to solve these dispute problems.In theory circles, the criminal constitution of the crime of the illegal absorption of public deposits is always a bigger dispute question. This paper mainly discusses some dispute problems in the main body and the objective aspect of this crime. About the dispute that financial institutions could become this crime subject will be analyzed by divided financial institutions into having and not having the absorption of the public deposit qualification one. The disputes problems in the objective aspects will be discussed from the behavior way, behavior object and harm result three aspects.In addition, a number of controversial in judicial practice on this crime will be divided into two parts, crime and non-crime and this crime and another, to prove. The part of crime and non-crime mainly discusses the relationship between the crime and the private lending, and the trust management. And the part of this crime and another mainly discusses the difference between this crime and the crime of illegal fund raising, the crime of financial fraud, the unauthorized issue of shares, companies, corporate bonds of sin and the crime of financial institutions established without authorization. Through detailed analysis and contrast, this paper presents the corresponding distinguish suggestions.