The Restricted Application Of The Crime Of Illegally Absorbing Deposits Of The Public

In recent years, there are more and more criminal cases of illegally absorbing public deposits. Whether it is the same as the traditional enterprises absorb public funds for expand production and operation, or like absorption reason of the present P2P(Peer to Peer) lending, seems always related to the crime of the illegally absorbing public deposit. With the private entrepreneurs like Sun Dawu and Dong Shunsheng were sent to the jail, the P2 P lending was questioned. This not only reflects the unreasonable of the Chinese financial system, but also highlights the reality of the deorbit of the crime of illegally absorbing public deposits.The boundary between the crime of illegally absorbing public deposits and part of the private lending is not clear, and the position is the same with P2 P. This leads some members of the CPPCC in 2015 the National People’s Political Consultative Conference called to "define the boundary between P2 P and illegal fund-raising(include the crime of illegally absorbing public deposits)". The existence of unreasonable administrative regulation and judicial interpretation really make some innovators overcautious of breaking the criminal law in the process of realize financial innovation, which hinders the process of the development of Internet finance and folk finance in a certain extent. The current juridical practice and some regulations are more and more outdated. So, I want to start from the point of legal norm, to expound the restricted application of the crime of illegally absorbing public deposits specifically from such aspects:In the first part, I chose some famous cases in recent years which are related to traditional folk financing and Internet finance that are suspected of the crime of illegally public deposits. Through the analysis of these cases I want to show the magnifying trends of the crime of illegally absorbing public deposits and the drawbacks of the financial system of our country nowadays.In the second part, I firstly analyze the reason of the magnify of the crime of illegally absorbing public deposits to draw the conclusion that there is “combat error” in the administrative regulations and judicial interpretation of the crime. Secondly, for the problem of the crime of illegally absorbing public deposits where to go, I stand on the limit of sin, by limit and narrow the interpretation to limit it in the certain scope. It is not only the correction of the current deorbit status, but also the necessary requirement of the current trend of continuously legitimize of private financing.In the third part, I comprehensively judge the unlawfulness of the crime of illegally absorbing public deposits and affirmed that the crime was the unification of dual norm violation and infringement of legal interest, which is not only a violation of the "Criminal Law", but also a violation of the "Commercial Bank Law" that has a dual illegality, but actually the "illegal" in charges is the violation to "commercial bank law". On the basis of pre-determined law, by the analysis of the property of the results of "disrupt the financial order", I confirm the legal interests of the crime was " bank leading indirect financing order".The fourth part has two chapters, namely the fourth chapter of the "public" finds and fifth chapters on the "deposit" of that. After the completion of the crime of illegal deposits from the public illegality judgment, we need the core elements of the crime of "public" and "deposits" to define. The crime of "public" means "most people are not specific," not only to non-specific as the core, but also to the majority of human foundation. In order to make a difference with other private borrowing and debt servicing is not the nature of the deposit, but its indirect financing acts as a "credit funding" feature, when the "production management" funds should be used for people’s own behavior the establishment of the crime of illegal deposits from the public, when the funds for loans and other "money capital management", the fund was showing his coat, "deposit".