Study On The Application Of Judicial Of Illegally Absorbing Deposits Of The Public

With the development of economy and the change of social environment,the occurrence scale and destructive of economic crime are increasing,and the illegal absorption of public deposit is a very prominent crime type.Throughout the current economic and financial field,whether it is a traditional enterprise absorbing public funds for production and operation,and emerging industry enterprises with the help of the Internet,through the P2 P lending platform absorption of public funds,seems likely to crime of illegal absorb public deposits.The main reason is that it is a common problem in practice that the constitutive elements of the crime of illegal absorption of public deposit are ambiguous,and how to distinguish it from the legal relationship of private lending is a common problem in practice.In the legal relationship of P2 P online lending,how to distinguish between legal and illegal,the boundary between illegal and criminal is a new difficult problem.The above problems,combined with unreasonable laws and regulations and judicial interpretation,make public funds behavior "is the crime of illegal absorb public deposits" almost a lack of clear judgement standard,so,cause many innovators in the process of financial innovation,for fear of criminal prosecution stagnate,therefore,not only greatly rejects the clamor for the legalization of folk financing,also,to some extent hindered the development of the Internet financial and private financial,in the face of this phenomenon,in 2015,the CPPCC national committee meeting,some members proposal calls for: as soon as possible,clear the legal boundaries between P2 P lending and raising funds illegally,to improve the role of folk financing for economic development in our country.Is precisely based on this background,this article TaoXiuYi made illegal absorbing public deposits case samples for analysis,according to the current laws and regulations about illegal absorbing public deposits and judicial interpretation,the components of the combination of this crime,to the crime of illegal absorb public deposits in the process of judicial application problems were discussed,in order to accurately distinguish the crime of illegal absorb public deposits with the,this crime and crime,clarify the component elements of illegal absorbing public deposits,especially for P2 P lending behavior and how to identify illegal absorbing public deposits,this paper puts forward the relevant solutions and Suggestions.Chapter one: the case and the controversy.This chapter references TaoXiuYi crime of illegal absorb public deposits of related material,this paper introduces the control distinguishes the focus of the debate,recounts the lending platform based on P2 P network the crime of illegal absorb public deposits,it is a natural person crime subject or unit of the debate.The paper also focuses on the following issues: is the membership identified by P2 P online lending platforms as public? Are the investment funds of members identified as "public deposits" ? Is the amount of funds absorbed by the platform as well as the repayment of capital and interest as the amount of crime? Tao xiuyi,through the online lending platform to absorb the funds is private lending legal action or criminal behavior and other issues?Chapter two: legal regulation and conflict of illegal absorption of public deposit.This chapter in the current criminal law related to absorb public deposits,civil law,administrative law and relevant judicial explanation,points out that the financial development and change of the criminal policy and legal interpretation position caused by the new problems: laws,administrative regulations or judicial interpretation led to different legal evaluation results of different entities in the financial sector lending more easily allegedly committed the crime of illegal absorb public deposits,in the field of Internet financial folk lending is relatively narrowed somewhat.Chapter three: legal analysis of the crime of P2 P online lending and illegal absorption of public deposits.First of all,the thesis introduces the concept and features of P2 P lending,clear mediation properties of P2 P lending platform,mainly small,raising its borrowing amount period short,efficient and convenient,cost is low,close to the customer requirements,etc.Secondly,on the basis of jurisprudence,"illegal" in the crime of illegal absorption of public deposit is not approved by the bank supervision and administration department of the state council;"Public" means a non-specific majority;"Deposits" not only have the characteristics of repayment of interest,but also have the characteristics of "source of credit funds" for "money capital management"."Disturbing the financial order" is the result of the illegal absorption of public deposit crime.And on the basis of four elements crime constitution,shows this case TaoXiuYi behavior is TaoXiuYi constitute a crime of illegal absorb public deposits,and the amount of illegal absorbing public deposits identified including platform to absorb the members of the investment fund and debt lurch higher.Chapter four: case enlightenment and thinking.Through the analysis of the case,the paper think that should be the subjective purpose,loan object,yields and behavior consequences four aspects: clarify the crime of illegal absorb public deposits and P2 P network,the relations of the folk lending Through limit \ "deposit\" interpreted as money for currency,capital operation,and will absorb capital means to join fraud and high risk factors,for the conservative interpretation of the crime of illegal absorb public deposits;This paper puts forward that: should introduce new judicial interpretation,continuing to recognize four elements crime constitution,on the basis of appropriate increase of the crime of illegal absorb public deposits into the crime amount,personal illegal absorption or disguised absorption amount of 1 million yuan,illegal absorption unit or disguised absorption amount of 5 million yuan of above,just by the criminal law;Should be appropriately expand the scope of civil dispute mediation,the appropriate limits of the criminal law in P2 P network lending platform to absorb public deposits and the range of amplitude,offset individuals or enterprises absorb public deposits behavior into the sin of social pressure,and by the state administrative department of market supervision and regulation of banking regulatory authority under the state council and P2 P lending platform,lending to make P2 P network platform to return to the nature of the information intermediary.