Research On Several Problems Of The Crime Of Illegally Absorbing Public Deposits

The crime of illegally absorbing public savings was first brought into the scope of criminal law in the Criminal Law in 1997,and has been controversial ever since its establishment.In recent years,the crime rate of this crime has increased year by year under the call of the State.Cases of illegal absorption of public savings rose in 2015 and,although the trend has slowed,the number of cases has continued to grow as the P2P illegally raised criminal cases have been spouted.In judicial practice,there is also a big deviation in the identification of the four characteristics of the crime and related acts,In order to deal with various fund-raising activities,this crime has been extended to apply,and there is a tendency to degenerate into pocket crime,which has been widely criticized by scholars.In todays Internet economy,criminal means and expressions are more subtle,diverse and often difficult to identify and prevent.In addition,there is no consensus on the identification of various illegal fund-raising activities,and there is often a situation of different penalties for different cases.The application of judicial organs to this crime faces a dilemma in the protection of punishment crime and Internet financial innovation.This article will make some discussion on the problems that may exist in the cognizance of this crime,trying to find the key points to solve the dispute.To this end,this paper is divided into three parts:The first chapter is the first part of this paper.It generalizes the relevant legislative process of this crime,briefly summarizes the judicial status quo and some defects of this crime.Chapter two,chapter three,chapter four and chapter five are the second part of this article,which is the core part of this paper.the four characteristics of the crime,i.e.the illegality,the sociality,the publicity and the lure,are explained,demonstrated and suggested...in accordance with the requirements of reality.Firstly,from the definition of illegality and application of law,the author thinks that the cognizance of illegality should adhere to the theory of second illegality,and the criminal law should be used as the legal protection means.On the social issues,from the point of view of the public and crowdfunding,based on the analysis of the current situation of the Chinas equity crowdfunding,the author puts forward that we can learn from the experience of the Jobs Act and the safe harbor system of the United States,A distinction should be made between QF?s and those who are able to make accurate judgements based on the forecast information disclosed by the market,as well as those who are able to recognize and take care of their own risks,so as to minimize the category of non-specific persons;As for publicity,the author proposes to judge the publicity of non-sucking behavior from the following two aspects:whether the fund-raising object has been screened,whether the fund—raising fund is qualified,etc.,combining the multiplicity of fund providers and whether the fund-raising object is specific,This paper focuses on the behavior of using the mass media represented by WeChat to spread information in the view of new media,The author thinks that we should judge the publicity of WeChat information from four aspects:the number of WeChat friends,the range of WeChat disclosure,the subjective will of the publishers and the publies ability to obtain information through proper search,As for the WeChat private chat and group chat outside of the circle of friends,we should take into account the open and closed way of access to information by focusing on the open or closed way of access to the information of the group of people who have access to the information in a real sense.As for the characteristics of seduction,the author discusses the nature of deposit pool,and holds that the reward of the inducement should itself include the guarantee of capital,And the mode that share bicycle management company collects deposit,belong to in fact with the convenience of bicycle,durative use as return,this kind of continuous and convenient service to the user is lured,And the feature that the deposit can be returned at any time and any place should also be recognized as including the guarantee,so the deposit mode of sharing bicycle is easy to touch the crime of illegally absorbing public deposits.The sixth chapter is the third part of this paper.based on the modesty of criminal law,combining with the enlargement of the connotation extension of the public deposit and the extension of the crime,the limitation of the expansion of the crime on the financial activity of the internet are two aspects of the extension of the criminal law,In order to strike a balance between combating crime and safeguarding the healthy development of civil finance,we should restrict the application of this crime and pre-empt the administrative liability and civil liability,while at the same time appropriate lenient treatment should be given to the crime.