The Investigation And Prevention Of The Crime Of Illegally Absorbing Public Deposits

Along with the establishment of the market economic system,the increasingly loose economic environment has stimulated economic vitality and provide space for the growth of economic crimes.At present,the proportion of economic crimes in the overall crime of society is getting higher and higher,even if the strict strikes are still unable to suppress its high incidence.Among them,the crime of illegally absorbing public deposits has laid a lot of hidden dangers for Chinese financial security because of involving large number of people,the wide geographical scope and the huge amount of money.And the crime still has more or less problems in the process of actual judicial application.Therefore,in order to conduct a more in-depth discussion on the theory and practical application of the crime of illegally absorbing public deposits,the author attempts to analyze the legal provisions and actual cases of the crime,and clarify the overall outline of it,in order to make useful suggestions which target the current investigation and prevention problems.This article is divided into four chapters,the main contents are:The first chapter analyzes the constituent elements and status quo of the crime of illegally absorbing public deposits.This article takes the constituent elements of the crime of illegally absorbing public deposits as the entry point.The corresponding provisions of the criminal law are too vague and general for the description of the elements of the crime.The outline of this crime in the legal level is mainly filled with The Ban of Illegal Financial Institutions and Illegal Financial Business Activities and Further provisions of the Interpretation of Several Issues Concerning the Specific Application of Law in the Cases of Illegally Absorbing Public Deposits.But there are still many controversies.In response to this situation,the author has selected the "public" in the elements of the crime,the use of deposits,the subject of crime and the object of regulation into the theoretical discussion.Moreover,in order to make the outline of this crime more three-dimensional,the author summarizes the main characteristics and criminal methods presenting in this crime.The second chapter mainly discusses the practical reasons for the crime of illegally absorbing public deposits.The author mainly explores the reasons one by one from three different dimensions of economy,system and society.Among them,economic reasons include insufficient market supervision,investment needs of social idle funds,investment and financing needs of enterprises and individual households;institutional reasons include the lack of existing financing systems,financial supervision mechanisms and related legal systems;social reasons are victims’ greed and herd mentality,folk lending practices,social media lacking of opinion guidance and social responsibility.The third chapter is mainly about the analysis of the difficulties in the investigation and prevention of the crime of illegally absorbing public deposits.Relying on the aforementioned theoretical analysis,in this chapter,the author discusses some of the problems existing in the practice of investigation and prevention,which are mainly from the three aspects,filing,investigation and prevention.In the case of filing,there is a problem that the scope of conviction is too wide due to the unclear boundary between illegal public deposits and private lending;the problem of distinguishing this crime and the crime of fund-raising fraud;and the different understanding of the criminal object of the crime of illegally absorbing public deposits as well as the nature of investors’investment behavior caused a dispute about whether there is victim in this crime.In the investigation,there are problems of jurisdiction and investigation and coordination due to the cross-regional characteristics of the case,the cooperation with other departments in the process of evidence collection,the difficulty in collecting evidence.In the prevention and control period,there is an official warning vacancy caused by the failure of the banking financial institutions,the masses having a weak awareness of prevention,and the mass incidents caused by the large number of people involved in the case and the low rate of recovery.The fourth chapter is the countermeasures for the crime of illegally absorbing public deposits.The countermeasures in this chapter are mainly for the above-mentioned problems.On the issue of the determination of sin and innocency,the author believes that the principle of modesty and the limited interpretation of criminal law should be adhered to,and whether criminals can achieve a higher rate of return of funds before the trial as a standard of no penalty,and high interest rate cannot be connected with illegal absorption.On the distinction between this crime and the crime of fund-raising fraud,the author believes that the biggest difference between the two crimes is Whether ithas the purpose of illegal possession.And based on this difference,the two crimes should be clearly divided.For the question of whether there is a victim in this crime,the author agrees not to identify the investors as victims,but the investor’s investment behavior should not be considered as an illegal act,it can be diverted from criminal proceedings to civil proceedings to protect the legitimate rights and interests of investors.For the cross-regional investigation of the investigation,the author believes that the method of filing can be taken separately.For the cooperation between the investigation agencies and between the investigation agencies and other government departments,the author believes that the status of information islands should be broken and the cooperation should be improved.For the problem of difficulty in collecting evidence,the fund investigation and control system should be improved,and the investor’s collection of verbal evidence could be networked.So the repeated investment behavior of the investor should be calculated cumulatively,and the interest deducted by the criminals in the process of illegal absorbing is not included in the criminal amount.For the official warning of prevention and control,big data can be used to simplify workload,improve fund monitoring,summarize case rules,and collect basic information.On the issue of weak awareness of prevention,the scope of publicity can be expanded through social media by infiltrating into the daily life of people and popularizing the content of propaganda;in the prevention of mass incidents,we should pay attention to early fights,do precautionary work,correct the misunderstanding of investors,and encourage them to properly defend their rights through civil litigation,and gradually cultivating investors’ sense of responsibility.