Research On The Difficult Problems Of Crime Of Illegally Absorbing Public Deposits

The crime of illegal absorption of public deposits in China's "criminal law" of the 176th,its legislative norms from scratch,a total of three stages,in 1997,written in China's criminal law.Nevertheless,accurately identify the crime according to the existing legislation is not:the performance of the crime and the characteristics of the"illegal absorbing public deposits or disguised deposits from the public”and"deposits" of "public" and "publicity" with a specific explanation of the word is unknown;financial institutions deposit management right is the the subject of the crime is controversial;standard of crime and the subject of the unit crime in the case of differences;distinguish the subjective purpose of crime of illegal deposits from the public and private lending can be divided specific points;how to distinguish the crime of illegal absorbing public deposits and financial fraud.Crime of illegal deposits from the public law to deposit security and income of individual citizens,only the law by actual infringement or actual violation threats can be identified in accordance with the constitution of crime of illegal deposits from the public acts constitute the crime of illegal deposits from the public.Legal Analysis on the cognizance of crime is the independent value and significance based on not only emphasizes the maintenance of "national financial management order,in order to avoid the excessive protection of national financial management authority and ignoring the cognizance of legal interests.Financial institutions have the right to operate the deposit with the qualification of the subject of crime,crime of illegal deposits from the public is not crime committed,to distinguish the crime of illegal deposits from the public and private lending,financial fraud from the objective behavior and subjective objective distinction.We should further improve the illegal absorb public deposits of legislation of Chinese criminal law,to provide a clear legal basis for accurate cognizance of the crime,but also better implementation of the crime of illegal deposits from the public and private lending,financial fraud is more clear and feasible to distinguish.