On The Law Application Of The Crime Of Illegally Absorbing Public Deposits

China is in the era of rapid economic development.The development of private economy,such as small and medium-sized enterprises,has injected new vitality.However,with the establishment of many small and medium-sized enterprises,for their own long-term development,the first problem to be solved is enterprise financing.According to the current laws and regulations in China,banks and other financial institutions have the right to issue loans.However,loans to banks need to comply with its strict regulations,and private enterprises with small production and operation scale are difficult to comply.At the same time,with the rising living standards of Chinese residents,the public has a lot of money to invest and manage money.The needs of the two correspond to each other,and the market of private financing emerges as the times require.However,with some individuals and units attracting public investment as investors and fundraisers,or absorbing public funds in the name of high profits and high returns,the chaos of private financing is caused,and the business of financial institutions such as banks is also impacted.Therefore,the criminal law of our country stipulates the crime of illegally absorbing public deposits,but the relevant provisions of this crime are too simple.The court judges show different opinions and reasons for judgment on the illegal absorption of this crime,the public scope and the nature of deposits,etc.,which lead to this crime becoming the "pocket crime" of illegal fund-raising crime,and the judgment of this crime and that crime It’s not the same.This article mainly through three parts,carries on the research and discussion to this crime,solves the difficult question in the judicial practice.In the first part of this paper,after collecting a large number of judicial cases,the author selects three typical cases,makes a brief introduction to their cases,analyzesand summarizes the focus of controversy.In the second part of this paper,through the analysis of the focus of the dispute,combining with the academic scholars’ theoretical views and legal norms,the author focuses on how to identify the illegality of the absorption behavior and the connotation of the absorption behavior,the determination of the public scope and the definition of the nature of deposits,the three aspects of this crime and innocence,this crime and that crime.First of all,on the basis of the comparative analysis of the fund-raising behavior of the defendants in case I and case II,the illegality of the behavior should be determined.On the basis of adopting the form or substantive standard,the connotation of the behavior should also be taken into consideration.After the explanation of various theories,attention should be paid to whether they are used in the operation of money and capital;if after the fund-raising,the actor mainly uses the capital for production and operation,which does not constitute illegal acts;secondly,through case II,we should adhere to the view of "no specific theory" to determine the scope of the public,and at the same time,in combination with the provisions of judicial interpretation,in the absence of exceptions,we should exclude relatives,friends and personnel within the unit from the scope of the public;in terms of grasping the nature of deposits,the "narrow theory" reveals its true nature,which cannot be unified In the second case,the defendant is not guilty,and the difference between this crime and private lending is summed up.In the third case,whether the actor has the purpose of illegal possession,its essence is to exclude and control,so as to accurately grasp the boundary between this crime and the crime of fund-raising fraud;The third part of this paper,on the basis of the first two chapters,through the legal analysis of the focus of the dispute,combined with judicial practice,puts forward research conclusions and feasibility suggestions,in order to help the judicial application of the crime of illegally absorbing public deposits,better reflect the value orientation of our criminal law,the crime should be punished and punished.