Study On The Issue Of Application Of The Crime Of Absorbing Public Deposits Under The Background Of Local Finance Development

The imperfect of legislation structure of the Crime of Illegally Absorbing Public Deposit based on many disputes in the theorists and practical experts. Along with the rapid development of Chinese society and economy, under the current economical condition,both the sectors of legislation conflict which is inappropriate to the practices circumstance. The fact of widen application of the crime of illegally absorbing public deposits become worsening in many places, the crime of illegally absorbing public deposits gradually turns to be the "Pocket Crime". This article starts from the background of establishment of the crime of illegally absorbing public deposits, based upon the analysis and instruction of constitutive requirements, basic characteristic of the crime of illegally absorbing public deposits, as well as the issue on how to apply it under the current informal finance development, for the purpose of providing rational opinions and suggestions on restricting of application.This article divides into four chapters. Chapter One sums up and introduces the legislation background, constitutive requirements and basic characteristics of the crime of illegally absorbing public deposits, Chapter Two lists the boundary between the crime of illegally absorbing public deposits and other adjacent behaviors, and brings foreword several disputes on the indemnification standard for the crime of illegally absorbing public deposits in judicial practices, and makes preliminary analysis on such crime,illuminates the issues of such crime. Chapter Three analyzes the issues of improper widen issure under the nowdays informal finance development and its adverse impact,then puts forward the suggestions on responding to restricting the application of the crime of illegally absorbing public deposits. Chapter Four further comes up with the specific measures on restricting application.