A Comparative Study Of Private Lending And Illegal Absorption Of Public Deposits

The controversy arising from the unknown boundaries between private lending and the illegal absorption of public deposits reminds us that we should make a detailed and intensive study of the criteria for the distinction between the two.The concept of the definition is the logical premise of the comparative research.The connotation of private lending should not be limited to the content defined by the state regulation theory or civil legal relation theory.Based on the current economic development situation,dualism of civil and commercials theory should be advocated.It means that private lending is the use of capital for production and life rather than private finance for capital or currency operations.When commercial borrowing has taken the leading role and the law is not clear,generally speaking,private lending has a high degree of similarity with the elements of the crime of illegal absorption of public deposits,and the process of the alienation of private lending as a crime is actually a process of quantitative change to qualitative change.In the case of the distinction between the two,such as social and inducements characteristics cannot be directly used as criteria,because the distinction is not a simple comparison and listing standards.The proper method is to distinguish from the two aspects of objective behavior and subjective cognition,including whether there are illegal,openness degree,degree of sociality,degree of social inducements and whether it has the specific purpose of judgment.In the civil and criminal procedure,the provisions of our country have improved somewhat,but there is still room for improvement.