On The Limitation Of The Crime Of Illegally Absorbing Public Deposits

In the context of the rapid development of the market economy,some market entities have absorbed a large amount of public deposits in order to achieve profitability through currency capital management,which has led to large fluctuations in bank interest rates and has caused the consequences of serious chaos in the financial order.Based on the need to maintain the financial order,the state formally established the crime of illegally absorbing public deposits in a provisional manner in the1997 Criminal Law.Under China's financial system,in order to obtain further survival and development,market entities will explore as many financing channels and more convenient financing methods as possible.Because the crime of illegally absorbing public deposits involves a wide range of stakeholders,it is easy to aggravate large-scale social conflicts.Therefore,the state has always adhered to a strict crackdown on this type of behavior.Private financing for the purpose of legitimate production and operation has been overregulated,which has greatly reduced private financing Legalization space.Therefore,it is necessary to limit the crime of illegally absorbing public deposits,prevent the excessive expansion of criminal law,avoid punishing all fund-raising activities with the crime of illegally absorbing public deposits,and provide a clear code of conduct for the majority of market participants.This article is divided into fourparts to demonstrate the reasonable limitation of the crime of illegally absorbing public deposits.The first part is an overview of the crime of illegally absorbing public deposits.First,the purpose of legislation is explored from the historical evolution,the original intention of the legislation is clarified,and a legal basis is provided for the reasonable limitation of the crime of illegally absorbing public deposits.Secondly,starting from the definition of the crime of illegally absorbing public deposits,sort out the definitions of different scholars,and comprehensively understand the conviction elements of the crime.Thirdly,the legal analysis of the legal benefits of the crime is carried out,and the specific legal benefits protected by the crime are clarified,and the legal benefits of the limitation of the crime are provided.Finally,the behavior characteristics of the crime of illegally absorbing public deposits are analyzed,and judicial issues are focused on in order to comprehensively reduce the crime.The second part is a comprehensive analysis of the actual dilemma and its causes of the crime of illegally absorbing public deposits.First,analyze the current judicial situation of the crime of illegally absorbing public deposits.There is an unclear boundary between traditional folk financing and the crime of illegally absorbing public deposits.The dilemma of the impact of the new type of online finance on the crime of illegally absorbing public deposits is the limitation of the crime.Shrinking the basis of reality.Secondly,from the judicial dilemma,there are five major reasons for clarifying the illegality of the crime,the vagueness of the public's identification,the expansion of the application of deposits,the one-sided determination of the financial order,and the absence of non-governmental financial regulations.Thus corresponding to the final mode of shrinking.The third part,after clarifying the judicial dilemma and the cause of the dilemma,analyzes the necessity of four aspects of the limitation of the crime of illegally absorbing public deposits.From the guidance of criminal policy,the maintenance of judicial credibility,the legal development of private financing,and the improvement of financial management,the necessity is demonstrated.The fourth part is the elaboration of the proposal to limit the crime of illegally absorbing public deposits.First of all,based on the principle of modest restraint in criminal law,we choose a restricted position.Secondly,the rational interpretation method is determined with the guidance of the substantive interpretation theory.Restricted interpretation of the core elements of the crime of illegally absorbing public deposits with the guidance of legal interests.It includes three aspects: the correct interpretation of illegal provisions,the definite scope of the object,and the substantive judgment that disrupts the financial order.Finally,in order to achieve the reduction of the crime,it is necessary to combine the threecomplementary measures of perfecting the double illegal connection,improving the financial legal system,and expanding the application of non-custodial punishment in order to achieve the goal of limiting the reduction in all aspects.