Study On The Differences Between The Crime Of Illegal Polling Of Public Savings Deposits And Private Lending

After the reform and opening up in China, with the development of socialist market economy, the capital markets have begun active, combined with closer economic ties at home and abroad after WTO entry. In this beneficial conditions, the private enterprises are rising, but with the development of private enterprises, funding needs to be the key to enterprise development and growth factors, due to historical reasons, The China’s financial system is also relatively rigid, finally the private enterprises are difficult to lend loans form the State-owned bank, so they have to look to private capital.On the one hand, loan financing have the advantage of fast, flexible, where you can really make up the lack of regular financial in order to help the development of private enterprises.But on the other hand, due to the lack of supervision and pursuit of interest, loan extremely easy to evolve into illegal fund-raising, It has become a popular guilty of the crime of illegally absorbing deposits in public.A few years ago, The "Sun Dawu" cases triggered the attention of various circles. Many jurists believe that the case has expanded the crime of illegally absorbing deposits in public, it is not conducive to private finance and the development of small and medium enterprises. Therefore, to distinguish private lending and the limits of crime of illegally absorbing deposits in public, will be conducive not only to correctly recognised in the judicial practice of crime of illegally absorbing deposits in public, but also allow appropriate space for the development of private lending, this article is for the discussion of this issue. This article is divided into the following chapters:Chapter1,"The Problems", This section describes the case of Wu Ying and Sun Dawu, and also introduces various theories of this case. Then it brings out the theme of the article:The boundary between the crime of illegally absorbing deposits in public and the private lending.Chapter2,"The legal interest of crime of illegally absorbing deposits in public", It is the key to clarified the boundary between this crime and the private lending,which through the analysis of crimes of disrupting financial order to define it. However,this part lay a foundation for the next part.Chapter3,"Private lending legitimacy and its borders",On the one hand, this section explains necessity of loan and the legality, and on the other hand, it tells the differences from the harm and purpose of absorption of funds.Chapter4,:"Summary",It indicates that I totally agree with the attitude of the civil loan taken for the drain plug, while playing a crime criminal regulations, also taking into account the restraining criminal law principles, under the reasonable distinction between the limit, allow room for the loan.