On The Judicial Cognizance And Improvementof The Crime Of Illegal Absorption Of Public Deposits

The crime of illegal absorption of public deposits has been controversial.We often confuse this crime and other similar acts;although there are several relevant judicial interpretations,it is difficult to cope with new means of fund-raising crime in free market.As a result,the crime has been infinitely expanded,which is becoming "pocket crime".In this paper,lots of dispute in the judicial cognizance is been discussed and tried to solve.By the analysis of the factors of establishing this crime,this paper will raise suggestions for perfecting the crime.This paper is divided into three chapters:In the first section of the first chapter,the legislative background and development are referred,trying to have a rough knowledge of the background,the reason and current situation of this crime from the macro;The second section,from the four requisites to constitute a crime,discusses on the dispute when identifying the crime puts forward the point of view of the paper.From both macro and micro perspectives of the crime,this chapter makes a comprehensive exposition and proves the viewpoints of the paper practically as well as theoretically,which makes a strong logic.The second chapter mainly discusses the crime and non crime,this crime and other crime,trying to analyze the essence of this crime for the key of the difference between this crime and other acts.As to avoid the textbook like this chapter mainly adopts a long and minute statement,giving way to prove this point of view,to dismiss other false views,finally finds out the crux of the problem,which is extremely targeted.Through the first two chapters of the paper we'll find the crime is very confusing in the judicial cognizance.The source of the legislation is simple and vague.Ambiguous statements twist the crime.Lots of legal acts are falsely condemned as this crime.Directly from the legislation,the first section of the third chapter finds out the defects of the legislation.The second section is the most innovative part.By analyzing factors that should be considered in the establishment of the crime,the third section raises the legislative proposals.Not only from the legal perspective,but also from the economic,sociological and other perspective,this paper studies how to set up the crime,and puts forward immature ideas for reference.