Study On The Judicial Application Of The Crime Of Illegal Absorption Of Public Deposits

The continuous expansion of the scope of application of the crime of illegal absorbtion of public deposits has aroused the academic circles concern and controversy.In recent years,with the emergence of new forms of Internet finance,the crime of illegal absorbtion of public deposits has become more and more severe,China is in the stage of high-quality economic development.In this context,in order to facilitate the financing of enterprises,the relevant documents issued in recent years to guide the judicial authorities to handle illegal fund-raising cases tend to limit the determination of the crime of illegal absorbtion of public deposits.However,China's judicial authorities have been firmly implementing the principle of severe punishment according to law for illegal absorbtion of public deposits,and even whether it can be timely eliminated.As the only standard of crime and non crime,capital is not strict in the identification of crime constitution,and the identification of the characteristics of the crime of illegally absorbing public deposits also stays in the form level,not paying attention to the identification of the substance,which leads to the expansion and application of illegal absorbtion of public deposits in judicial practice.After summarizing the crime of illegal absorbtion of public deposits,this paper obtains the problem of expanding the application of the crime of illegal absorbtion of public deposits in judicial practice through empirical analysis.This part is not to explain the universality of the problem through big data,but to find the problem of expanding the application of the crime of illegally absorbing public deposits in judicial practice through case analysis,and then to illegal absorption.This paper comments on the advantages and disadvantages of the expansion of the application of the public deposit crime,reminds us that the problems of the expansion of the application lead to many disadvantages,but also have certain benefits.We should choose between the advantages and disadvantages,clarify the legal interests of the crime protection,avoid the improper expansion of the criminal circle.Finally,in view of the problem of the expansion of the application of the crime in practice,we can break the crime barrier of the characteristics of the crime identified deviation,and judge the crime In the subjective aspect,we should combine the three aspects of "deception" and regard the reasonable use of funds as the crime standard to explore the applicable path of the crime of illegal absorbtion of public deposits.