The Legal Studies Of Wenzhou Liren Group’s Case Of Illegal Absorbing Public Deposits

Since the reform and opening, small and medium-sized enterprises are developing rapidly and constantly growing in our country. It adds vitality, and it brings challenge to the economic development too. Challenges includes two aspects:first, there are a lot of private capital which have the difficulties in investment; second, there are a lot of small and medium-sized enterprises which have the difficulties in financing. The emergence of this situation leads to the diversification of financing way, at the same time, the diversification of financing way brought danger to the financial security. Through the analysis of some disputed points related to the case, the standard of the crime of illegal absorb public deposits has been clear, and has made a clear distinction boundaries between private leading and fund-raising crime, this is the purpose of this study.The crime of illegal deposits from the public was first established in 1997penal code section 176, supreme People’s Court and supreme People’s Procuratorate have promulgated a series of judicial interpretation. Simultaneously, scholars have conducted extensive research. By analyzing different views, so can find out the core problem and put forward the countermeasures. This is the research methods of this article.This article is divided into four parts. The first part introduces the related cases, and lists the disputes. The second part introduces the qualitative controversy, the boundaries of illegal fund-raising with normal leading, and the distinction between illegal absorbing public deposits and fund-raising. The third part is the case of other related disputes, such as the completed form of crime. The fourth part is the case of thinking. The last, this case was considered the crime of illegal absorb public deposits and the crime of fund-raising fraud, and should be punishment for several crimes.