The Analysis Of TZ Company And MR Chen Illegal Deposits From The Public Case

In recent years, as China's economic transformation, social risks and the risk of the criminal law caused by private lending is gradually arise, the crime of illegal deposits from the public has become a judicial practice in dealing with economic crimes of a common crime. However, legal theory and judicial practice on how to apply to the crime of illegal deposits from the public, there is a big debate, theorists illegally absorbing public crimes provisions are too principled and incriminate the critical threshold is too low, the impact of certain social large, concerned about the high cases of illegal absorbing public final crime there are different opinions. These arguments are more or less the judicial practice of judges, prosecutors dealing with the case had an impact, but also led to judges, prosecutors generate awareness of confusion when dealing with the cases of the crime of illegal deposits from the public, I do not know how strict and accurate applicable law judicial interpretation of the provisions.This paper attempts to TZ company, Chen illegally absorbing public deposits Comment on the case, according to the perspective of judicial practice of examining how determined some actions constitute the crime of illegal absorbing public. Gradually to clarify the boundaries of the judicial practice in deposits of crime and legitimate private lending behavior. Analysis the difference between illegally absorbing deposits and financial fraud.In accordance with the judicial interpretation of the provisions, an accurate grasp of standard incriminate the crime of illegal deposits from the public, an accurate understanding of the crime of illegal deposits from the public in the "general public" does not affect the operating and whether a particular currency behavior constituted the crime occurred.Finally, through the company's TZ, Chen illegally absorbing public deposits found in part of the case fact,Reflect crime of illegally absorbing deposits from the public on the impact of private lending practices, in order to improve the Crime Standards of illegally absorbing deposits from the public,make some suggestion meet the Social development of time.