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

Because of the imperfection and historical limitation of the legislation itself,the discussion on the application of the crime of illegally absorbing public deposits has never ceased in the field of both theory and practice.With the development of non-governmental finances,especially since China was considered officially entering the era of Internet finance in 2013,the collision between the Internet and finance has brought about revolutionary changes in production and life.At the same time,it has also caused a series of illegal fund-raising crimes based on the crime of illegally absorbing public deposits.The lack of laws and regulations is not commensurate with the outbreak of illegal fund-raising crimes.Although laws and regulations such as Opinions on Issues Concerning the Laws Applied to Handling Criminal Cases on Illegal Fund-raising of 2014 have been introduced in succession,the momentum for the development of the crime of illegally absorbing public deposits has been slightly curbed.However,the author found out through the case studies that have been publicized in recent years that the rapid update of the internet is still causing specific difficulties in the application of laws.In the application of this crime,the judiciary has always faced the dilemma of internet financial innovation protection and illegal fund-raising crime punishment.In the current situation,how to understand the legal interests of this crime,how tore-understand the behavioral characteristics of the crime,and how to apply this crime are worth pondering and researching.For these reasons,this article is divided into three parts:The first chapter is the first part of this article.By arranging the background and current situation of the application of this crime,it provides a fundamental basis for interpreting the law according to the actual situation.Combining the ambiguity of the articles and the hot spots of reality,we pointed out the predicament of the application of this crime under the Internet Age.The second part is divided into second chapter and third chapter.The second chapter mainly focuses on the actual hot spots such as Yu'e Bao,explains and analyzes the propensity to magnify the object of the crime,determines the meaning of the object that meets the reality,and draws some conclusions,one of which is that the object of the crime is the state's management order for deposits.The third chapter is the core part of this article.In connection with the Internet financial hotspot issues such as the ‘pool of deposits',the four behavioral features of this crime,illegality,sociality,openness,and attractiveness,were interpreted,demonstrated and proposed in accordance with actual requirements.This article reconstructs the understanding of the four characteristics from the interpretation of criminal law and draws many conclusions that are of innovative significance.First,in the identification criteria,the illegality should abide by the logic of the second illegality.Second,Publicity should be recognized in accordance with the Three-tier Combination Standard.Third,Openness should be gradually abandoned.Fourth,the standard of the attractiveness should be appropriately improved by combining with the behavior of the actor's objective performance.The third part is the fourth chapter,which mainly draws conclusions from following conclusions concerning the application of laws.First,in the era of Internet finance,we should follow the principle of modesty of criminal law and limit the use of this crime.Second,the constitutional elements are limited to interpretation when convicting.Third,we should be clear about the boundaries of the conduct whenapplying the crime.Fourth,we should add disruptive financial order as a necessary behavioral nature to the identification of behavioral features.