Judicial Cognizance Of The Crime Of Illegally Absorbing Public Deposits

The crime of illegal absorbing public deposits in the current criminal law of our country is relatively vague, leading to the frequent appearance of "Sun Dawu" and "Wu Ying" in the judicial practice. Through the analysis of a large number of practical cases, this paper tries to solve the difficult problems in judicial confirmation and considers that the financial institution can be the subject of this crime;This crime, the object of conduct "public" and "specific" can be defined as a society, but it also includes a specific object that has the potential to social development at any time; when identified by the "word of mouth" publicity to adhere to the principle of the unity of subjective and objective, immediately knowing fund-raising target through "word of mouth" that the funds to pay the, not blocked or rejected, also belong to the propaganda to the public;For disguised absorbing public deposits "disguised" to deal with the substantive understanding, through a variety of means to the name of "deposit" appeared, eventually reaching the deposit, the same should be into this crime; the crime is committed, the specific result is a necessary condition for the establishment of this crime, is considered a "disturbing financial order"; this crime in recognizing the crime amount, amount of before and after the incident have been repaid, not to be subtract, sentencing can be considered, but the amount to renew and compounding is should not be included in the amount of this crime.At the same time, this paper also through the non crime of the crime and private lending, along with other type of illegal fund-raising crime crime analysis compared to further clarify the misunderstanding, clear of this crime, the scope of regulation, thus better grasp of illegal absorption of public deposits of the crime of judicial cognizance standard and accurate. The accurate definition of the crime and non crime, the limits of this crime and other crime, disturb financial order crime at the same time in the fight against, do not live up to the longitudinal and impartial.