The Research On The Identification Of Illegal Absorbing Deposits From The Public Crime

Controversies about the crime of Illegal absorbing deposits from the public has drawn people’s attention in recent years.On the one hand,Illegal fund-raising incidents occur frequently,which seriously endangering the order of the state’s financial administration and poses a tremendous threat to the property safety of the public.On the other hand,due to the lack of clear meaning in many concepts involved in Illegal absorbing deposits from the public crime,such as "public","deposits" and so,relevant judicial interpretation tends to expand its interpretation,which caused the improper extension of the scope of this crime and showed a negative impact on financial activities such as private lending.The development of internet finance has also led to the innovation of traditional financing methods.P2 P lending,crowdfunding and other new forms of financing have thrived and brought convenience for individuals such as small and medium-sized enterprises(SMEs),which have strong financing needs and less coverage of traditional financial services in recent years.The boundaries between these new type of fund raising behaviors and illegal public money absorbing crime need to be further clarified.This thesis is intended to discuss the specific standards of behavior identification in the crime of illegally absorbing public deposits and analyze the basic characteristics of the crime and the concept of some concepts.At the same time,based on practical considerations,this article will give a research about new financing methods such as P2 P lending and2 crowdfunding to judge its boundaries with the crime of Illegal absorbing deposits from the public.In order to provide meaningful and valuable reference for the accurate application of crime of Illegal absorbing deposits from the public in judicial practice,the author will attempt to analyze this crime from two aspects of theory and practice comprehensively.The paper is divided into three parts contents:The first part analyzes a number of issues on the cognizance of the crime of Illegal absorbing deposits from the public,which can be divided into four small parts:the first section mainly analyzes the "illegal" characteristics,mainly including the illegal behavior actor and the illegal behavior itself.The second section mainly analyzes the definition of "openness",including the direct intentional and indirect propaganda of the perpetrator,which can constitute "public propaganda",the means of public propaganda such as "mouth to mouth" and other means need specific analysis,and false propaganda is not the basis for judging "openness".The third section mainly analyzes the related issues concerning the "lure" in this crime,including the three aspects of "lure","commitment" and "valence",the concept and characteristics of "deposit",the relationship between the purpose of financing and the nature of funds,the impact of financing methods and uses on the nature of capital collection,etc.The fourth section mainly analyzes the related problems of "sociality",analyzes the influence of the two dimensions of the object’s unspecific and the majority,and puts forward the proposition that the specific majority may have the social nature.The second part focuses on introducing and dividing the boundaries between several common financing behaviors and the crime of illegally absorbing public deposits,which can be divided into three parts: the first section mainly introduces the demarcation line between the private lending and the illegal absorption of public deposits,and analyzes the similarities and differences on the four basic characteristics.The second section mainly analyzes the commonness and characteristics of the behavior of absorbing public deposits in disguise,and points out that "repayment of fund and interest" is the core of the behavior of disguised absorption,anddistinguishes it from commercial credit financing.The third section introduces and analyzes the relation and difference between the new Internet financing model of P2 P lending and the crime of illegally absorbing the public deposit,and analyzes its behavior from two aspects of the borrower and the net loan platform respectively.The third part focuses on introducing and analyzing the boundary between the two financing modes in internet finance and the crime of illegally absorbing public deposits,which can be divided into two parts.The first section describes the boundaries between P2 P lending and illegal fund-raising and analyzes of financial behavior,and analyze the behavior of self-financing,set up a capital pool,and carry out the creditor’s rights transfer business.The second section mainly introduces the relationship and difference between the crowdfunding financing and the crime of Illegal absorbing deposits from the public,it introduces four main categories of crowdfunding,analyzes the closeness between their behavioral patterns and the crime of illegally absorbing public deposits,and discusses the boundaries between the two.The third part gives suggestions on how to improve the identification and application of the crime of illegally absorbing public deposits,which can be divided into two parts: the first section mainly recommends that the relevant concepts in the crime of illegal absorption of public deposits be further clarified,such as "the public" and "deposit",so as to accurately apply the crime and avoid the inconformity of the judicial organs.The second section mainly suggests that the applicable scope of the crime of illegal absorption of public deposit is limited.From the point of view,it is discussed that the current crime is widely applied and conflicts with the reality of the development of the financial market,and the problem of the mismatch between the responsibility and the punishment is aggravated by the excessive increase of the responsibility of the fund collector.