A Study On The Limiting Of The Crime Of Illegal Pooling Of Public Savings Deposits

In recent years,with the rapid development of economy and society，the crime of illegaldeposits from the public have brought serious violations to the country andindividuals.Accordingly,it is necessary to use criminal to regulate the crime.However, due tothe general provisions of the law and judicial determination of paying a heavy attention toform and ignoring the importance of essence,it makes incriminating lowered the threshold ofthis crime, and leads to judicial application of the crime with a lot of subjective arbitrariness.of causes the arbitrariness with heavy color.This also provides a possibility for further studyon this crime in theory and practice.This paper,based on the existing legislative frameworkand combined with law interest and the theory of crime constitution,focuses on limitingjudicial application and specifically research and analysis,based on a careful analysis of thecases.This paper contains four parts:The first part is to analyze the conviction standard.This part,combined with law andcriminal basic theory,analyze its conviction standard.It mainly expounds the standards of theform and substance,and hold that we should stick to the unity of the form and substancestandards in judicial determination.Blindly according to the amount of funds,the number ofpeople whose funds are pooled,repayment ability or property losses to identify this crime,itcontraries to the austerity of criminal law spirit and legislative intent.The second part is to give a survey on cognizance of the crime.This section mainlythrough statistical analysis of the judicial decisions which have been heard,intuitively reflectsthe status of judicial application of the crime.The third part is the applicable level problems of the Crime of Illegal Pooling of PublicSavings Deposits.This section,based on the second part,is to further analyze the problemsexisting in the applicable level of the crime.It mainly expounds five problems:first,focusingon the standard of form convicting;second,overly broad understanding of the concept ofPublic Savings Deposits;third,using regulating means of indirect financing to deal with allillegal found-raising activities; fourth,confusing the boundaries of the crime and generalviolations;fifth,over-reliance on the criminal policy of strict combat.The existence of theseproblems will inevitably lead to the expansion of application of the crime,making the reach ofcriminal law in the field of general violations;The fourth part is about suggestions of reasonably limiting application.This part,based on the serious thinking and further analysis about the main problems which exist in applicationof this crime,combining with the of the basic theory of the law and criminal law,put forwardsuggestions to solve problems.Hopefully it will be helpful for reasonably limiting judicialapplication of the crime.