The Evaluation Of Ryu Illegal Absorbing Public Deposits Case

Researching the case of Sichuan xinjin ryu illegal absorbing public deposits has practical significance to handle illegal absorbing public cases in judicial practice. Crime of illegal absorb public deposits as legal-crime, compared with the nature, is a forbidden evil, need to the legislation of the criminal law provisions of this crime and achieve social governance effect level.In terms of the case, the key point of controversy is qualitative of Ryu's behavior because the law there is a certain degree of fuzziness, general, make the crime of illegal absorb public deposits and the boundary of crime of fraud of the folk lending, financing, Ryu's behavior whether folk lending, or to constitute a crime of fraud of the crime of illegal absorb public deposits or raise controversial.Ryu no deposits, and without the approval of the relevant departments of the geared to the needs of society without specific absorption public funds, although it is used for normal production and operation activities, but the purpose is to make law has not stipulated the sin, but according to the number of the object of the crime, crime amount and the loss of judgment whether to disrupt the financial order. Therefore, the court ruled that ryu crime of illegal absorb public deposits is legal. Second, the issue of crime subject. Court ruled that ryu crime is a natural person crime does not belong to the unit crime, though ryu raising funds from society is not a particular object is in the name of luzhou construction co., LTD., but essentially is illegal behavior for its own interests. Again, about the Lord, the cognizance of accomplice. Prosecuting authority says the sun interests that court judgment ascertaining the facts of the dragon, abnormal light sentence. But sun dragon has always been in the process of crime according to the instructions of ryu illegal absorbing public deposits, interest is also attributed to ryu, court for sun dragon and the status of an accessory that is not wrong. Although our country in recent years, mainly to crack down on illegal fund-raising kind of crime, and obtained certain achievements, but the number of crime remains high. Perhaps financial deregulation is the effective method to solve the problem of private financing, through punishment means to punish of crime of illegal absorb public deposits is to adjust the normal financial order and prevent financial risks.