Study On The Application Of The Crime Of Illegally Absorbing Public Deposits

Illegal deposits from the public is the destruction of financial management order that stipulated in criminal law,the subject is not approved by the relevant competent authorities and absorb funds from the public,its legitimacy has no difference to private lending practices.Many private lends in this form to absorb public deposits,a serious violation of the economic interests of the public,disrupting the order of financial credit management,hindering the healthy development of the financial regulatory system.Whether from the purpose of criminal law or the needs of social management,the acts of illegally absorbing public deposits should be severely punished.In judicial practice,there are still some problems in the specific application of the crime of illegal absorption of public deposits,such as the definition of the scope of legal interests,the standard of the criminal judgment.Especially with the continuous improvement of the level of economic development,the state of the market "deregulation" policy,we should re-examine some of the problems,to make a more comprehensive understanding and more comprehensive legal protection,but also not to restrict private finance,which hinders the economic subject's innovation and development.In other words,the protection of legal interests and encouraging innovation and development of the society are the two aims of criminal law.Based on this understanding,this article will analyze the application of the act of illegal absorption of public deposits from four parts.The first part explains the legal interests of the act of illegal absorption of public deposits by means of systematic interpretation and purpose interpretation.The second part analyses the existing problems of illegally absorbing public deposits crime in the judicial practice,the objective criminal elements include the way of behavior,the object of behavior and the result of behavior,the principle of unifying subject and object will be reflected in the criminal identification.The third part discusses the subject suitability of the crime,we believe that the public subject qualification of the crime of illegal deposits must be clearly defined,to reasonably limit the scope of the crime,to avoid improper punishment and hindering of economic development.Thefourth part takes modesty principle of the criminal law concept as a guide,in the gradually maturing market economy era,private lending has become a financial mean to encourage and promote economic development of non-state owned economy,not only to punish the illegal behavior but also the fair and humane care are needed to guide the healthy development of private lending,Meanwhile the lending act can be avoided to become the new "pocket crime".