Analysis On The Judicial Determination Of The Crime Of Iiegal Absorption Of Public Deposits

With the rapidly development of social economy,an increasing number of medium and small-sized enterprises are faced with pressure to develop production and expand the business.After they encountered the dilemma of financing with banks were frequently blocked,helplessly,they have to choose the way of private financing.In-depth economic transformation has enlarged the financial market and updated method of transaction,and gradually the trading customs has be broken,at this moment,internet finance came into being.There are some criminals who are in the name of development for production or in the name of investment and financial management seriously disrupt the financial order.Big and heavy cases of illegal fund-raising occurred frequently.These cases are often involved in huge amount of money and easily affects social stability.In rcent years,the judicial department has severely cracked down on illegally absorbing public deposits,and it also has a tendency to expand judicial application.In order to avoid the situation of an illusory snake in a goblet what means to treat all private financing as illegal fund-raising,it is necessary to clarify the judicial controversies in this crime.The paper screened out four typical cases(they are : Zhang Yong and Zhou Xianshan's case of retrial,Peng Tong-breeding co.,Ltd and Wu Jianguang's case,Chen Wenwei and Zhang Jiechang and Chen Zhongyang's case,Peng Dedong and Xu Jintao's case),and to get bones of contentions from it.Finding out the most contraverial judicial issues about illegally absorbing public deposits of the current.The paper has five part.The first part is about the Crime of Illegally Absorbing Public Deposits' status quo of criminal control.Meanwhile it gives four typical cases,and includes their basic facts.The author gains some importent questions on the basis of summing up and comparing the bones of contentions.The second part researches the special subject of crime.it mainly analyzes the qualification of financial institutions.The third part divides the objective aspects of this crime into two modes to study.The objective aspects include three parts : ‘publicness',‘socialitty' and ‘amount of crime'.The two modes are ‘on-line' traditional mode(to be represented by P2P)and ‘offline'new mode.The forth part researches ‘the clause of exemption'.The three major issues here are ‘the use of public deposits to be absorbed',‘the activities of normal production and business',and ‘restoring timely'.The fifth part analyzes the difference between this crime and private lending,and analyzes the difference between this crime and entrusted financial management.