| Cases of illegal absorption of public deposits are generally more complicated: the number of people involved is large and the amount involved is large.These two characteristics show many difficulties in handling this type of cases.At the same time,the vague understanding of the definition of "public" of this crime has increased the difficulty of judicial practitioners in handling this type of crime,which has not only troubled the criminal law practice circle,but has also been a controversial issue in the academic field for a long time.In order to solve this difficult problem,the author will discuss from the following points:First of all,the author combed the cases of inconsistent recognition of the "public" standard in judicial practice.Through the cases handled by himself and his colleagues,the author chose three more typical cases and made a brief analysis of the recognition of the "public".And it will be reflected in the case,refining and analyzing the practical identification problems of "public" :how to understand the scope of "public" and how to understand "unspecified".Secondly,it lists the different theories of "the public" in the crime of illegally absorbing public deposits in the criminal law theory,analyzes the theoretical arguments of "the public",analyzes the advantages and disadvantages of various theories,and shows its own views.Thirdly,the basic position of "the public" in the crime of illegally absorbing public deposits is established: that is,formal incrimination must be "unspecified" and substantive incrimination must be at least "majority".Then discuss the connotation and extension of the unspecified majority and testify the case.Finally,the theoretical and practical significance of the "unspecified majority" as the identification standard of the "public" is expounded.Theoretically,the "unspecified majority" embodies the principle of modesty and restraint of criminal law.In practice,the "unspecified majority" can be operable,can clearly distinguish between crime and non-crime,and limit the definition of the public to avoid becoming pocket crime. |
