Research On The Difficult Problems Of The Crime Of Illegally Absorbing Public Deposits ——Taking 106 Judgments In Liaoning Province In 2021 As A Sample

With the rapid development of China’s socialist market economy,private enterprises represented by small and medium-sized enterprises have become an important subject of China’s market economy development.In the face of fierce competition,private enterprises have increasingly strong demand for financing,but it is impossible to finance through formal channels.In order to solve the problem of financing difficulties,many private enterprises begin to take risks and choose to illegally absorb public deposits.As a result,in recent years,the frequency of illegal absorption of public deposits remains high,the amount involved is increasing,the number of people involved is increasing,and it is increasingly difficult to collect evidence,which makes the task of preventing and resolving financial risks more difficult for judicial organs.However,the conviction and sentencing of this crime have some difficult problems in judicial practice,and there are also great differences in theory.Therefore,the empirical analysis of the crime of illegal absorption of public deposits can not only accurately and effectively discover and analyze the problems existing in the judicial practice of the crime,but also to a certain extent to fight against crime,protect human rights,but also reduce the risk of people’s property,and escort the healthy development of private economy.In this paper,106 judgments of Liaoning province were selected as samples.The judgments came from Beida Zhaobao,and the criminal cases of illegal absorption of public deposits in Liaoning Province in 2021 were queried.After screening,106 effective judgments were obtained.On the basis of analyzing the data values of relevant elements in the judgment,this paper reveals the judicial status of the crime,sorts out the theoretical disputes of the crime,finds the problems existing in the judicial recognition process of the crime,and puts forward relevant suggestions to improve the judicial recognition of the crime.This paper is divided into five parts:The first part is a data analysis of 106 first-instance judgments on the crime of illegally absorbing public deposits in Liaoning Province in 2021.The analysis is carried out from eight dimensions,including the amount of deposits and the number of deposit recipients.The second part is to distinguish the crime from private lending.It mainly analyzes from four aspects: the object of absorbing deposits,the purpose of absorbing funds,the purpose of absorbing funds and the interest rate promised to the outside world.The third part identifies the purpose of illegal possession.This paper believes that the determination of "purpose of illegal possession" should focus on examining whether the facts of the case conform to the "principle of consistency between subject and object".The fourth part determines the amount of crime.This article argues that the investment amount of the actor himself and his close relatives should be deducted,while the investment amount of non-close relatives should be counted.The fifth part defines the scope of "friends" respectively.