The Distiction Between Illegal Absorbring Public Deposits And Private Loans

The legislative setting system for the crime of illegally absorbing public deposits is incomplete and the concept is not clear.The legal provisions and judicial interpretations concerning the illegal absorption of public deposits mainly include:176 articles of the Criminal Law and the 2011 Supreme People’s Court’s “Criminal Cases of Criminal Cases”.“ Explanations on the Application of Certain Legal Problems”(hereinafter referred to as “Fundraising Interpretation”),the Supreme People’s Court of 2014,the Supreme People’s Procuratorate,and the Ministry of Public Security “Opinions on Several Issues Concerning the Application of Criminal Cases of Illegal Fundraising”(hereinafter referred to as“Fundraising Opinions”).The attempt to illegally assimilate public deposits is intended to be carried out in the legislative design through type-setting and pocket-size restrictions.For example,the“Capital Raising Interpretation” summarizes the illegal absorption of public deposits as illegality,openness,profitability,and extensiveness,as well as exemptions.The“Fundraising Opinion” provided additional publicity to this act,but it still did not get rid of the behavioral superficial form of accreditation in the “Illustration of Illegal Financial Institutions and Illegal Financial Business Activities”promulgated by the State Council in 1998.Thinking inertia.Judging from Article 176 of the Criminal Law and its judicial interpretation,although the legislation clarifies the constitutional elements of the crime of illegally assuring public deposits on the basis of the Syrian-style guilt,the concept of “illegal”,“public” and “deposit” in this crime is connotation.The determination of extension and extension is not clear enough and the scope of application is not properly expanded.The interpretation method when the law is applied not only fails to make up for the defects of the legal provisions,but also because the traditional method of legal interpretation emphasizes the mode of deduction of the behavior and actual conditions of the absorption of funds in the standard content form,and it further promotes the application of the crime of unlawful absorption of deposits.We will include the private lending and non-government financing activities that formally meet the conditions for fund-raising and are actually lawful.When judging whether or not to commit a crime and what constitutes a crime,a reasonable and scientificmethod of legal interpretation should be applied to correctly apply the rules,explicitly presenting the controversial issues in the determination of the crime of illegally assuring public deposits,and accurately defining the scope of “unspecific objects”.It is important to correctly delineate the incrimination criteria for the crime of illegally assuring public deposits.Although there are similarities in appearance and behavior with private lending,there are significant differences in the way of absorbing funds and absorbing objects.It is necessary to prevent the illegal absorption of the public.The crime of deposit is a “pocket crime”of fund-raising crimes.Summarizing and summarizing the controversial issues in the application of illegal absorption of deposits in judicial practice mainly include: how to define the scope of deposits,whether the repayment of loans in advance is included in the amount of crime,the determination of the amount of renewed behavior,whether compound interest is included in the amount of crime,public publicity Whether the funds are used for money and capital management or “word of mouth” identification.In the judicial practice,the indirect financing behavior and direct financing behavior must be strictly distinguished from the fund-raising purpose.The direct financing behavior aiming at legal business and production operations should not be deemed as the illegally absorbing public deposits,and there will be reasonable production and management requirements.The legalization of the“illegal fundraising”activities is in full compliance with the requirements of the statutory provisions for crimes and crimes,and it reflects the basic principles for the punishment and punishment of criminal law.