Judicial Recognition Of The Crime Of Illegal Absorption Of Public Deposit

Since the Criminal Law of the People's Republic of China stipulated this crime in 1997,some scholars have discussed this crime through essays or other methods.Since this century,the research of the crime has continued to rise,especially when non-governmental financial companies such as the social security companies,investment companies and asset management companies have made problems to varying degrees in recent years,making this crime one of the most important subjects for discussion in both theoretical and practical circles.In particular,after Sun Dawu and Wu Ying's case occurred,illegal fund-raising crimes revealed two outstanding problems: First,the dispute between the crime of illegally absorbing public deposits and non-crime;Second,the boundary between the crime of illegally absorbing public deposits and the crime of fund-raising fraud.Based on the above considerations,the author started the study of this article by consulting a large number of documents and combining relevant cases of illegal absorption of public deposits in practice.This article started from April 2017 and was completed in April 2018.It lasted 12 months.The first part of the article is the introduction part,which makes a corresponding introduction to the background of this article.The second part introduces the case,and briefly introduces the case of Chongqing Zhenji Company's illegal absorption of public deposits to bring out the theme of this article.On the basis of the introduction of the case in the previous section,the third part sorts out the disagreements and the focus of the dispute.The fourth part is the key part of this article,namely legal analysis.First,it gives a basic overview of the crime of illegally absorbing public deposits.Second,it classifies and summarizes the behavioral expressions of the crime of illegally absorbing public deposits.In addition,it distinguishes the crime of illegally absorbing public deposits with legitimate private lending and entrusted financing to clarify the crime and non-crime.Finally,the crime of illegally absorbing public deposits and fund-raising crime are respectively distinguished in subjective,objective,and objective aspects.The fifth part of the article evaluates the disputed case based on the previous analysis.The sixth part of the article is the author's thinking based on this article and the case.This dissertation comprehensively uses the four methods of literature analysis,comparative analysis,case analysis,and theoretical analysis.From the perspective of Chongqing Zhenji Company's illegal absorption of public deposits,combined with relevant legal analysis,it clearly clarifies the illegal absorption of public deposits.Based on the basic concepts,a comparative analysis of the illegal absorption of public deposits and fund-raising fraud was conducted.Thus,the difference between the two crimes is not only whether the predecessors discussed the purpose of illegal possession or in the objects of the intrusion,but the two crimes also differ greatly in their objective behaviors with the emergence of new types of crimes.Through the analysis of this article,the author draws the conclusion that the biggest difference between the two crimes in the performance of objective behavior is whether or not a fraud method is necessary.The author also made corresponding reflections on the issue of shareholders in such crimes after the case,with a view to inspiring judicial determination of the crime of illegally absorbing public deposits in practice.