Research On The Judicial Cognizance About The Crime Of Illegal Absorbing Public Deposits

The traditional form of the crime of deposits from the public is the association of deposits and entrusted financial management.However in the Internet era,in order to obtain more extra profits,some persons are tended to act absorb deposits from the public illegally,that makes the public cannot realize the nature of their behaviors.Variant forms of deposits from the public includes P2 P online lending and occupancy of the deposits of sharing bicycles.In theory,the protective object of the crime of deposits from the public is the healthy development of China's financial economy,but whether the private property of the victims(investors)should be included? This crime can made by individuals and companies,but whether those financial institutions are the suitable subjective? What are the specific forms of the crime of deposits from the public? Which are the “three features” of the variant forms of absorbing deposits from the pubic? Whether the amount of funds and the usage of the deposits affect the final assertions of this kind of crime? How to discriminate this kind of crime from the legal behaviors and this kind of crime from other kind of crimes? The above-mentioned problems are highly controversial in both the theoretical and practical areas.In order to analyze solve those problems,I has systematically sorted out the social background and development process of the crime of deposits from the public,and find out some constitutional factors of it.The protective object of this crime is not only the stable development of China's financial order,but also the investor's property rights.A person who has reached the age of 16 and have the ability to identify and control himself,the companies which are formed legally or financial institutions such as banks and securities companies which absorbing deposits from the public by violation of financial laws and regulations are the subjects of this crime.Then I point out that the objective aspect of this crime is the illegal absorption and the variant absorption of public deposits.In addition to the traditional forms such as the association of deposits,some new forms of the crime of deposits from the public are sometimes combined with Internet,for example P2 P and occupancy deposits of sharing bicycles.Furthermore,I point out the most difficult judicial problems of this crime are divided into two parts: firstly,when we understand this kind of crime,we shall combine with the case,including whether financial institutions is the subject to the crime,how to define "illegal and variant absorption",the judicial problem of usage and amount of funds.Secondly,I discriminate the crime of deposits from the public from other legal behaviors and other kinds of crimes,aiming at clarifying the crime.Here I choose two legal behaviors-private lending and entrusted financial management.It is important to handle a relationship well of criminal and civil cases.I in this passage will propose solutions to the problem of returning funds for judicial reference.Lastly,I compare the crime of deposits from the public with the crime of fraud in financing and the crime of organizing and leading pyramid schemes,which may have a help to accurately identify the crime of deposits from the public in judicial practice.