Identification Of The Crime Of IllegalAbsorbing Public Deposits

The crime of illegally absorbing public deposits is a product of the development ofmarket economy in China, it appears the illegal fund-raising behavior regulation, andsafeguarding the country’s financial management system and financial order. But thecriminal blow did not make it disappear from the scene, but intensified, why? There aremany reasons. Illegal absorbing public deposits also has its own reasons, on the one handis the financing difficulties of small and medium-sized enterprises, but a large amount ofidle private capital on the other hand, there is no investment channels, from the folk capitalto small and medium enterprises financing between program relative to banks is simple,the existence of many for the need of practical necessity of folk financing behavior, illegalabsorbing public deposits phenomenon will be a constant problem.Relevant legislative act of illegal absorbing public deposits began in the last century90’s in our country, started relatively late compared with other developed countries, but in recent years the development is rapid, the emergence of the crime ofillegally absorbing public deposits separate criminal law, subsidiary criminal law and criminal law in1997that a preliminary shaping legislation. The historical evolution of the crime of illegal absorbing public deposits research is to grasp the legislative background and situation of policy research, is the necessary process of illegalabsorbing public deposits. The crime of illegally absorbing public deposits have therequisites to constitute a unique crime, find out the criminal elements of the content is to accurately identify the basis of illegal absorbing public deposits. How thenature of the crime of illegal absorbing public deposits, this is an accurate grasp ofthe essence of crime and non crime, this crime and that crime things. According to the judicial practice of consensus, of illegally absorbing public deposits should bethe result crime, only the cause of certain social harmfulness can be identified theestablishment of this crime. At the same time, the crime is in violation of the ad ministrative regulations for the premise condition, so it is also the administrative crime. The fault of the victim of illegal absorbing public deposits, the definition of "public" range and use to absorb funds on the perpetrator of the conviction and sentencing has the important influence of illegal absorbing public deposits, is an unavoidable problem. I hope to resolve to the crime of illegal absorbing public deposits the consummation and the judicial practice difficult problem through analysis and Research on the above problems provide some useful help.