On The Limitation Of The Crime Of Illegally Absorbing Public Deposits

In recent years,the number of cases in which it has been punished for illegal absorption of public deposits has increased year after year due to the universal increase in the national income level and the development of Internet finance.Because of the excessive expansion in the judicial application of the illegal absorption of the public deposit,the criminal law unlawfully intervened in the civil relations,and many private financing acts were lawful for the purpose of the legal management,but the regulation of "illegal" by excessive regulation was restricted,and the development of the market economy and the new finance was restricted.The criminal law revision plan(March 11,2021)enacted on March 1,2021 revived this crime,and the latest penal code increased the legal penalty of the crime and strengthened the punishment against this crime.Under such a background,the illegal absorption of public deposits is strictly limited to the application of the judiciary,and it is imperative and necessary to prevent the excessive expansion of the penalty.The first part is the outline of the crime of unauthorized public deposits.This crime has been clarified by the provision of the provisions of the criminal act,the subject,and the constituent element from the first legislative act,and the continuation revision of the judicial interpretation and the legal code cannot be solved,and the problem of the problem of the problem is not only solved by the purpose,and it is a method which explains only the purpose by the purpose of the It becomes clear for the first time to explore the true intention.The penal code(11)explains the reamendment of this crime that the crime could not break through the predicament of present judicial practice.For this purpose,it is necessary to redefine the harm act from the components of this crime,and to redefine the four important elements of the rationality basis and the act subject.Financial institutions,which do not have the capacity to absorb people,units,non financial institutions and public deposits,have violated the provisions of the national financial law and absorbed the public deposits or by changing forms to absorb public deposits.In order to clarify the constitution of crime,the interpretation in 2010 prescribes that this crime has four characteristics: illegal,openness,solidarity and sociality.The second part mainly describes the expression and incentives of the extended regulation of crime,which has unlawfully absorbed public deposits from the application of justice.If it is not possible to determine whether or not the judiciary conforms unfair capital collection to the constitution of the crime,it is regulated by the crime that the public deposit is unilaterally absorbed,and this crime is becoming the crime of the illegal capital collecting crime in the judicial application.In addition,the crime of this crime is ambiguous in the boundary with other related financial crimes in the legal norm,and there is a crossing,and this crime tends to expand in the judicial application.Lawful private lending and illegal absorption of deposits have high approximations in action schemes,so many legal private lending acts are limited within the scope of criminal offense.Not only is the growth of private lending growth but also the innovative development of new finance.This crime,which has been extended in the application of the judiciary,comes from various directions,first of all,in order to recognize the ambiguity in the characteristics of "illegality" and "sociality" and to enlarge it in the recognition of "deposit".The law absorbs the charges of public deposits and cancels the preemptive procedure of the administration’s accreditation: and the state of severe blowdown against the long term sin of the state and the political institutions must,in the face of the constant pressure of investors,to investigate and investigate This crime leads to an important element of constant expansion in the application of justice.Based on this issue,the third part supports the reduction principle and seeks a degenerate path appropriate to this crime.Under the support of the humility principle of the penal code,it is possible to reduce the target crime by restricting the legalization space for the development of private finance,promoting the development of the new model finance,and raising the aggressive action of the investor’s risk prevention consciousness continually.The method such as contraction is the limited path of this crime.In particular,after the revision of the criminal law amendment(11),the current status of the punishment is weighted due to the amendment of this crime,the application of the fund can be clarified,the demand for the amount of the crime is raised,and the new provisions of the payment of the bribe can be appropriately expanded and applied.Criteria for judging and thinking.