Whether the enterprise's behavior is illegal depends on the purpose of fund-raising, whether it is the fund-raising behavior approved by the relevant departments according to legal procedures, and whether it is socially harmful. If you only raise funds from internal employees, according to the provisions of Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising, it does not belong to illegal absorption or disguised absorption of public deposits.

1. According to Article 12 of the latest Lending Regulations, legal persons or other organizations raise funds from employees in the form of loans within their own units for the production and operation of their own units, and there is no such thing as Article 52 of the Contract Law or Article 14 of these Provisions. If the parties claim that the private lending contract is valid, the people's court shall support it. In this regard, we need to pay attention to the following points: first, the borrowing object is limited to the internal employees of the unit, and the internal employees of the unit here do not include those who are recruited as employees of the company in order to illegally absorb public deposits; Second, the raised funds must be used for internal business activities. If the borrower borrows money from other enterprises or raises funds from employees of the unit for profit, which is not for his own use and conforms to the provisions of Item (2) of Article 14 of the latest Lending Regulations, and the borrower knows or should know in advance, the corresponding lending behavior shall be deemed invalid.

2. The constitutive requirements of a crime are the basis for the establishment of a crime and the investigation of the criminal responsibility of the criminal subject. Therefore, it is necessary to further analyze and discuss the specific elements of the crime of illegal fund-raising in China's current criminal law. The subjective aspect of crime is intention. The parties know that their illegal fund-raising behavior will produce harmful results to society, and hope that this result will happen. In the case of illegal fund-raising in the unit, this intention is manifested in the fact that the person in charge, the person directly responsible and other responsible personnel of the unit deliberately pursue specific results that endanger society in the name of the unit. Intentionally, unit crime is the common understanding and will of unit members, which is strictly different from the personal understanding and will of unit members.