On The Identification Standards Of Illegal Absorption Of Public Deposits

At the beginning of China's economic development,due to the imperfect market economy and chaotic economic order,the state must adopt strict control policies and attitudes towards economic development.The crime of illegally absorbing public deposits was first written into the Criminal Law in 1997.Around this time,a series of policies to crack down on economic crimes were introduced.This helped the establishment of an economic order,control the flow of capital,and spend money at the cutting edge,we concentrate our efforts on major issues,help economic development get on track,and contribute to the country's macro-control.However,with the in-depth development of reform and opening up,the gradual improvement of the market economy,and the gradual establishment of the economic order,under the economic background of financial restraint and financial deepening,the number of market players is gradually increasing,and the living standards and consumption levels of the people It is also steadily improving.Both enterprises and individuals can actively participate in the construction of a market economy and contribute to national taxation,and this has become the main source of national taxation.However,the country 's channels for market players 'financing are not so standardized and smooth.Corporate financing often has high thresholds,difficult financing,and expensive financing.This has caused private capital to flow into enterprises out of the instinct of “increasing profits and avoiding harm ”.Private finance Give some market players snow in the snow.However,once the size and amount of the loan is large,it will involve some risks and even be put on the "hat" of the crime of illegally absorbing public deposits.The reason for this contradiction is that the standards for the identification of illegally absorbing public deposits are broad,and they still maintain the criminal characteristics of “strike hard economic crimes” in the early stages of economic development,and the inertia of financial restraint,even in the face of economic reality in pursuit of economic efficiency.Private financial behavior is also evaluated as illegal absorption of public deposits.Using empirical research methods,taking the criminal judgment of JilinProvince on the crime of illegally absorbing public deposits as a sample in the past 5years,it is concluded that this crime is too scrupulous in its determination of “illegal,open,social,and attractive”The textual interpretation makes its content show an unreasonable expansion trend.The consequence is that some economic behaviors,which are represented by private lending and highly absorbing public deposits illegally,are punished by criminal law.Legal interest is crucial to the distinction between crime and non-crime.Therefore,the legal interest in the crime of illegally absorbing public deposits under the background of an increasingly active market economy needs to be defined,that is,the establishment of “dual legal benefits”for illegally absorbing public deposits,including investment and financing.Order and property rights,under the macro guidance of legal interest,use the two dimensions of the financier's true disclosure of information and the specific use of funds to determine the “illegality” of the crime of illegally absorbing public deposits,and to grasp the “public effect” “Openness”,“public” is used to define socialist,“investment” is used to measure attractiveness,the connotation of “four natures” is updated,and the determination of illegal absorption of public deposits is reasonably restricted.