On The Cognizance Of The Crime Of Illegal Absorbing Public Deposits

Illegal fund-raising as a high-frequency vocabulary,frequently appeared in all kinds of regulatory documents to be highly concerned about the legislation.However,the reality of illegal fund-raising management situation is not optimistic,Even repeated special rectification and the death penalty,but the data report from the public security that the crime of illegal fund-raising cases increase,the reason,in addition to China's small and medium-sized private enterprises financing,capital system environment public investment limited way,illegal fund-raising crime of confusion,legislative thinking is not clear,and the judicial application of the inconsistency greatly reduces the predictability of criminal legislation and deterrent to offenders also provides "free drilling" imagination.This disorder is particularly reflected in the crime of illegal fund-raising in the family is the most basic,the most commonly used illegal deposits from the public,legislative history this sort of crime The reduction of the crime,the true face,clarify the crime and other similar behavior of internal relations,coordination of criminal law and other related legal system is to perfect the criminal legal system of illegal fund-raising,to achieve the main "valve"illegal fund-raising target of criminal legislation.This paper is divided into three parts,the first part is mainly on the crime of illegal absorbing public legislation,and hope that through its legislative evolution of pursuit and reduction of the legislation of the crime of primary purpose,and to explore the internal gaps in the second part;Combing the legislation,legislative basis and show the contradictions between disjointed,summary and analysis based on legislation the absence of legislation,legislation and even conflicts between theory and practice and the specific reasons for the differences,and the reason to support the different viewpoints,so as to provide a foreshadowing for the third part of the author's choice;The third part is the paper's own opinion and analysis of the differences.This thesis aims to illustrate the illegal absorption of public the cognizance of deposit,credit should be recognized by the financial institutions as the subject of crime;"The public" that can be "Securities Law" as a guide and consistent within the crime of illegal fund-raising in the family;should limit the "deposit" in a word,it will be the crime of illegally absorbing public deposits hit as the unity of indirect financing and direct financing the crime of "pocket crime",different market characteristics and regulatory characteristics and two kinds of fuzzy financing;in addition to this crime should be identified as "crime" rather than "committed".