The Boundaries Of Crime Of Illegal Absorb Public Deposits And Recognition

Because our country's rules of law on the crime of illegal absorb public deposits some regulations is not perfect enough,not clear enough,lead to the crime of illegal absorb public deposits gradually showed a trend of growth in the judicial practice in our country,and more and more theoretical and practical circles caused the big discussion.Among them,the crime of illegal absorb public deposits should contain "problem" for the purpose of production and operation of lending is still a controversial issue,leading to private lending for evolution for the crime of illegal absorb public deposits;And up in recent years,emerging Internet the raise,raise the originator of creditor's rights under the law strictly regulate the behavior and the behavior of the crime of illegal absorb public deposits is blurry,this leads to the Internet all the behaviors are easy to raise funds for illegal behavior.Therefore,to distinguish between folk lending and the Internet all the raise and the limits of crime of illegal absorb public deposits,would not only benefit the judicial practice in cognizance crime of illegal absorb public deposits,also for the development of the folk lending and the Internet all the raise to set aside the appropriate space,this article is to discuss on this question.First,the crime of illegal absorb public deposits to set up the aim is to protect our country's financial management order,and now due to the rapid development of private lending in China was beyond the scope of legal borrowing appeared a lot of harm to the behavior of the financial order,this is the meaning of the crime of illegal absorb public deposits.Second,the crime constitution of crime of illegal absorb public deposits are some of the folk lending and the Internet the alienation to raise standards of behavior into sin,therefore,we must make clear the standards of this crime.Finally,our country folk lending and the Internet all the raise is of great significance for the development of small and medium-sized enterprises,although to some extent make up for the deficiency of the traditional financial,but due to not clear of the law and the crime of illegal absorb public deposits boundaries are not clear.In defining the crime of illegal absorb public deposits in detail after the analysis of its boundaries.In the folk lending and the crimeof illegal absorb public deposits boundaries identified,subjective purpose and the harm result is the key factor,and suggests that,in the face of the current reality of China's financial system and the development of small and medium-sized enterprises(smes),under the tolerance principle in the criminal law,as long as it is in conformity with the loan interest rate in more than similar bank lending rates,within the scope of the legal and the purpose of lending money for the basic production and operation of the folk lending behavior should not be regarded as a crime,if it meets the requirements of the folk lending by the "civil law","contract law" regulation.In the Internet with the raise and the definition of this crime,suggested that define the behavior of the crime of illegal absorb public deposits in the capital and the currency for the implementation of behavior,and the raise in relation to the Internet.