A Study On Some Difficult Problems In The Crime Of Illegally Absorbing Public Deposits

The cognizance of the crime of illegally absorbing public deposits still exists in the judicial process.although some key problems encountered have been regulated in the relevant judicial interpretations,the cognizance of the crime is not unified and applicable with the change of times and the popularization of the internet and other factors However,the current judicial interpretation does not regulate this,so it is necessary to provide constructive suggestions as the research axis,so as to make the determination of the crime easier and easier to operate.This article is based on this purpose,and literature review,comparative analysis,logical analysis and other methods to identify the above-mentioned self-thinking and discussion.The possible innovation of this paper lies in whether the identified oral transmission mode belongs to public publicity and identification.it is suggested to follow the principle of subjective and objective consistency to distinguish between the two situations for different treatment The second is the existence of indirect intentional financing and let other people pass on to achieve the results of public propaganda,that is,the indirect intentional financing and other people 's oral transmission process to occur,and also need to have the actual results of illegal financing to reach a final conclusion that oral transmission belongs to the " public propaganda".In addition is to know the information diffusion and laissez faire,knowing the content must be to absorb the information of funds,the need to the indirect intention of the financing and other people 's diffusion behavior coexist as the premise,and knowing that the corresponding subject of information diffusion is the financing person,is through the combination of the psychological state of the financing person before and after the change and that the financing person holds the indirect intention of subjective elements;Other people 's diffusion behavior generally corresponds to the subject of others,namely oral communication publicity subject,these subjects are only in an unconscious state to spread information,rather than intentional diffusion.Of course,the tentative exploration is not only in these cases,but also in particular for the determination of the amount of crime is divided into whether the principal has been returned before the crime is included,whether to debit and contract amount shall prevail,renewal,loan amount how to calculate,interest into the principal analysis of these may often encountered in practice in the identification of the situation in the absorption of the relevant scholars of the results of the trial summary.