Study On The Boundary Of Illegal Absorption Of Public Deposits From The Perspective Of Financial Risk Control

At the beginning of the establishment of the crime of illegally absorbing public deposits,the debate has been plagued by both academics and judicial practice,and it is difficult to conclude.In recent years,the crime of illegally absorbing public deposits has become increasingly fierce.From the number of cases in the Chinese refereeing paper network,the crime has shown an increasing trend year by year.The continuous expansion of the traditional crime of illegally absorbing public deposits and the corresponding judicial interpretations have made the crime not only gradually expand in the scope of the attack.In the judicial practice,it is easy to see that the judgment standards are not uniform and the unclear situation is unclear.In order to alleviate the living space of financing activities such as private lending,it is generally common in academic circles and judicial practice to suppress the tendency to apply this crime.It is considered that this crime is not conducive to the healthy development of China's financial environment.However,the traditional crime of illegally absorbing public deposits often ignores the current financial risk factors when discussing the elements of crime.While protecting the healthy development of the financial industry,it increases the living space of financial crimes,which is not conducive to the protection of financial management order.Seriously endangering financial security.How to effectively balance financial risk control and the healthy development of the financial environment should be the key to the establishment of this crime boundary.From the perspective of financial risk control,according to the national financial prevention and control policy and the financial security financial prevention and control ideas put forward by General Secretary Xi Jinping,the boundary of the crime of illegally absorbing public deposits is reinterpreted.Through combing the relationship between financial risk and the crime of illegally absorbing public deposits,the research on the legislative development and current theory of illegal public deposits reinterprets the legal connotation of the illegal absorption of public deposits—the financial security behind the financial management order and its representatives.Economic benefits.At the same time,according to the principle of modesty of criminal law,on the basis of the security-based financial criminal law concept and the presupposition of the law on the illegal absorption of public deposits,in determining the illegal absorption of public deposits and the boundaries of private lending and reasonable control of financial risks Based on the specific study of the boundary.