Concerning The Illegal Absorption Public Deposits Of Sin

Wu Ying fund-raising fraud is currently anticipated large violations of financial order case, its sensational lies not only in the case of huge amounts of money involved in the case, the period is from the frequent cases, domestic private funds legal or controversial social period. This paper uses the case study method, literature method, comparative study of illegal absorbing public deposits crime were studied. Application of case study method, put forward our country of illegal absorbing public deposits cognizance of the difficult problems, mainly lies in the object of crime stipulated in broad, borrowing and illegal fund-raising boundary is fuzzy, the crime with the non-crime’s definition is not clear. By using the method of literature review and comparative research method, analysis of illegal absorbing public deposits crime law and judicial interpretation of the defect, a comparative study of the domestic academia and abroad on non suction case law, and puts forward the improvement proposal.The purpose of this paper is to alert the current law of illegal absorbing public deposits crime expanding tendency, if allowed to continue, not only a barrier on the development of the private economy, but also with the WTO breaking financial monopoly, encourage competition in the financial market, the folk finance gradually legalization trend fully draw further apart. The purpose of legislation is a standard, guide the legitimate legal acts, so when the legislation lag to the real economy, will become a stumbling block to the development of market economy, is in our country’s legislation system perfect.This paper thinks, can solve the solutions to the problems of the illegal fund-raising channel is combined, in the financial system reform, and on the basis of current criminal law changes in part to absorb public deposit sin illegal indictment. Clear illegal absorbing the public deposit the components of the sin, whether to "to illegal engaged in capital, money management as the purpose" as defined non-bank financial institutions to absorb public deposit with the sin sin boundary; With the production and business operation, etc to reasonable demands for the purpose of financing behavior should be defined as folk folk lending and with economic and administrative measures to reasonable guide and regulation. Only in this way can we effectively regulate the illegal absorption public deposits ACTS, protect the rights and interests of the public, and promote the reasonable and orderly market economy development.