On The Crime Of Illegal Deposits From The Public Judicial Determination

The face of the global economic crisis, China’s economy under the correct leadership of the CPC Central Committee continued to maintain high-speed growth, the rapid development of private enterprises, the total amount of private capital accumulation has also been considerable, rapid economic growth has brought a lot for the community Private liquidity, many individuals and companies in order to obtain greater profits, began to raise funds by way of private lending to the community on a large scale. The development of private lending is conducive to centralized social idle funds, but our existing financial legal system is the lack of effective control of private financing for the healthy development of China’s socialist market economy, we can not provide a smooth flow of private financing channels, a number of individuals, businesses in violation of the country’s financial regulations, high interest rates as bait, illegal or in disguised form of public funds, some financial institutions in order to win a place in the market competition, but also to increase the interest rate of the People’s Bank in disguise, illegal or in disguised form of public funds based on this case, the State Council has repeatedly laws and regulations to restrict illegal or disguised deposits from the public’s behavior, but still repeated illegal absorb public deposits cases, by private lending caused by the frequent occurrence of illegal deposits from the public criminal cases, a large number of media exposure numerous cases of illegal fund-raising case of Wu Ying, Zhejiang, Hebei of Sun Dawu illegal fund-raising case, Inner Mongolia,"Miles large afforestation case", has become increasingly fierce debate triggered by itself define and constitute a crime of illegal deposits from the public Accusation.Based on the existence of such criminal provisions of the laws and regulations "fuzzy" private lending and illegal deposits from the public is still very difficult to define in terms of crime or judicial practice, in the case of the examination stage, qualitative case to the public security departments often with to the problem, law enforcement agencies around the understanding of the legal interpretation is different, so different around law enforcement standards, to bring confusion to the law enforcement officers on the ways and means of disposal, so that law enforcement agencies in the protection of social and economic development and the fight against economic crime in a dilemma between situation, the root cause of this situation is that private lending and illegal absorption cross zone "between the crime of deposits from the public, and the applicability of the interpretation of the relevant legal provisions in practice can not be smooth extension, making exists in the enforcement process can not problems and "enlargement" phenomenon. This paper analyzes the private lending with the crime of illegal deposits from the public source of "entangled", a clearer analysis of illegal absorb public deposits framework of the crime, the crime of illegal deposits applicable legal provisions to make reasonable suggestions.