A Study On The Boundary Between Private Lending And The Crime Of Illegally Absorbing Public Deposits

Private lending is a non-official financial financing way,due to the small and medium-sized enterprises are facing the practical difficulties seeking loans creating its emergence.Relevant laws and regulations on the private lending have not clearly defined at present,so there may exist plenty of problems in its development.The crime of illegally absorbing public deposits is meant to hit the criminal act which disrupt the order of financial management and preempt the exclusive business of banking institution.The normative elements are not clearly defined in the legislation,the judicial interpretation also makes a general interpretation of the normative elements,which makes the crime of illegally absorbing public deposits more difficult to determine.Between the private lending and the illegally absorbing public deposits,there are no laws and regulations to make a specialized distinction.Both of them have drawbacks,which tends to criminalize legal private lending in judicial practice,such as one of illegal fund-raising crimes--illegally absorbing public deposits.The setting of accusation has not achieved a precise blow to illegally absorbing public deposits,to some extent restrains the progress of private lending.Hence,it is essential to clearly divide them.In addition to the introduction and conclusion,this article divides the research into four parts:Part 1:From the definition of private lending,characteristics,to demonstrate the necessity of its existence.As the best financing source for enterprises,it develops rapidly,but there may be various problems,such as false litigation.In the process of people’s pursuit of profit,folk lending may be alienated into criminal behavior.Part 2: This part explains the concept and feature of the crime of illegally absorbing public deposits.from the perspective of the constitution of the crime,this paper expounds the object elements,objective requirements,subject conditions and subjective doctrines of this crime.Part 3: This part is the focus of this paper,to the folk lending whether to constitute a crime,the crime in practice and the legal non-crime.It also expounds the boundary and essential difference of its constitution crime or not.The provisions in the legislation on the crime of illegally absorbing public deposits are generalization.In practice,the crime is generally recognized by relevant judicial interpretations.Therefore,the four characteristics of this crime in the judicial interpretations are analyzed one by one.The analysis of the boundary between the two is the most important part in this paper.Through the analysis of the court judgment,the author summarizes some suggestions to distinguish the two.Part 4: This part is a few Suggestions.To regulate private lending from legislative and judicial aspects;The author thinks that the standard of illegal absorption should be raised and the content of article 176 of criminal law should be optimized so as to hit illegal absorption more effectively.The establishment of social information credit system is beneficial to both.