Research On The Crime Of Zhang Moumou Illegally Absorbing Public Deposits

In recent years,under the background of continuous social and economic development,private lending financing behavior is increasing.The widespread emergence of private lending and financing behavior,on the one hand,has greatly strengthened the economic vitality,improved the ability of small and medium-sized enterprises to resist risks,on the other hand,it has also caused a series of problems such as the increase in the number of crimes of illegally absorbing public deposits,the diversification of criminal means,the increasing difficulty of judicial disposal and so on.In this context,the crime of illegal absorption of public deposits has seriously affected the stability of the national financial management order,and also led to some cases of illegal absorption of public deposits in investors suffered great damage to the legitimate property rights.Thus select the judicial practice with typical significance in the process of "so-and-so illegal absorbing public deposits case" as an empirical analysis on the research object,through the case of comb,the crime of illegal absorb public deposits and fund-raising fraud crime constitutions were compared,and puts forward the judicial practice in the process of the difficulties of investors status maintenance,social public specific scope is not clear,crime amount calculation standard is unknown to study related issues.In view of the corresponding problems existing in the current practice process,this paper pointed out that the identification of fund-raising fraud crime in the judicial practice process should focus on the causal relationship between the use of fraudulent methods and falling into the wrong consciousness.Firstly,if the criminal has the purpose of illegal possession of the deposit,it should not be considered as the crime of illegal absorption of public deposit in principle.Secondly,for the specific scope of the public,people who do not have direct investment relationship are excluded from the scope of the public.Meanwhile,investors with the identity of "friends and relatives" are comprehensively determined to be part of the scope of the "public" based on factors such as investment time,investment security ability,and information acquisition ability.Thirdly,in view of the determination of legal status of investors,this paper puts forward a typed solution,which identifies passive investors as victims,and active investors as witnesses.Finally,aiming at the problem of the calculation standard of the amount of crime,the paper proposes that part of the repeated investment should also be counted into the amount of crime.