Research On The Behavior Of The Crime Of Illegal Absorbing Public Deposit

With the rapid development of China's market economy, China's financial market has made a qualitative leap in the open degree, but the ensuing criminal cases of illegal fund-raising, also showed a growth spurt. Society to an important transition period, under the game among all the factors, the folk financial active degree rising, which triggered the financial mess, even the major financial risks of the case has long been common. And on the other hand, once the risk of the private financial activities, national public authority is likely to to disrupt the financial order is to disrupt the order of the market economy on the grounds, shall be investigated for criminal responsibility of the relevant personnel. This is a direct result of the the crime of illegally absorbing public deposits gradually evolved into the financial sector is a high charges. But in theory and practice, there is a big controversy about the behavior of the crime of illegal absorbing public deposits, which makes the theory and practice always swing in the process of dealing with the problem. The behavior of the crime of illegal absorbing public deposits identified related to the standard of crime and non crime, this crime and Pilate sin boundaries is in cognizance of this crime is an important consideration.To study the problem, this paper mainly from the following three parts:first, based on the behavior of crime of illegal absorbing public deposits in the theory and practice to recognize the existence of confusion. It is pointed out that the problems existing in the current theory and practice, is also along these problems in this paper, the research was able to expand. Secondly, the analysis of the crime of illegal deposits from the public to identify the standard of behavior. From the determination of the objective behavior of the crime existing defects of points out that we should adhere to the position limit with a reasonable explanation of the objective behavior of the crime identified, on the basis of the key consideration "illegal" elements and "public" elements, so as to ensure the objective behavior of the crime and determination of reasonable. Finally, puts forward the boundary of illegal absorbing public deposits crime behavior and other related behavior benchmark, namely illegal absorption of public deposits crime behavior and private lending behavior of the boundary points are considered illegal conditions and public conditions, the behavior of the crime of illegally absorbing public deposits and financial fraud behavior it is important to consider the behavior of fictional facts and conceal the truth and whether there is "the purpose of illegal possession", so as to ensure of the behavior made accurate boundary.