The crime of illegally absorbing deposits from the public. In the act of illegally absorbing deposits from the public as stipulated in the Chinese Criminal Law, civil legal relations and criminal legal relations are intertwined, making the boundary between crime and non-crime blurred and difficult to define. This is the explanation of this crime in recent years.

There are many controversies in theory and practice.

The crime of illegally absorbing public deposits as stipulated in Article 176 of the Chinese Criminal Law refers to the act of illegally absorbing public deposits in violation of national financial management regulations or absorbing public deposits in disguised form, disrupting financial order.

The key to accurately understanding the crime of illegally absorbing public deposits is to first adhere to the unity of the non-specific nature of the crime's subject and the specificity of endangering the financial order.

Overview Although China's criminal law stipulates the crime of illegally absorbing public deposits, until the promulgation of the 1997 Criminal Law, the law did not make clear and specific provisions on what constitutes illegally absorbing public deposits or absorbing public deposits in disguised form, nor did the Supreme People's Court and the Supreme People's Procuratorate.

There has been a judicial interpretation of this.

Article 4 of the "Measures for the Suppression of Illegal Financial Institutions and Illegal Financial Business Activities" promulgated by the State Council in 1998 (hereinafter referred to as the "Measures") stipulates that "illegal financial business activities as mentioned in these Measures refer to unauthorized activities without the approval of the People's Bank of China."

The following activities: (1) illegally absorbing public deposits or absorbing public deposits in disguised form; (2) illegally raising funds from unspecified social objects in any name without legal approval; (3) illegally issuing loans, handling settlements, and bill discounting

, fund lending, trust investment, financial leasing, financing guarantees, and foreign exchange trading; (4) Other illegal financial business activities identified by the People's Bank of China. The illegal absorption of deposits from the public as mentioned in the preceding paragraph refers to deposits from the public without the approval of the People's Bank of China.

The activities of absorbing funds from unspecified objects, issuing vouchers, and promising to repay the principal and interest within a certain period of time; the so-called disguised absorption of public deposits refers to the activities of collecting funds from unspecified objects in the society without the approval of the People's Bank of China and not in the name of absorbing public deposits.

Absorbing funds, but promising to perform activities that are of the same nature as absorbing deposits from the public. "The main controversy in practice is whether the Measures can be used as the basis for conviction and sentencing for the crime of illegally absorbing deposits from the public.

Object Requirements The object violated by this crime is the national financial management system.

Deposits refer to monetary funds or securities that are deposited into the custody of a financial institution and can be utilized by it. It is the main source of credit funds for financial institutions that accept deposits.

According to China's relevant financial laws and regulations, non-bank financial institutions such as commercial banks and urban and rural credit cooperatives can engage in the business of taking public deposits, but financial institutions such as securities companies, stock exchanges, insurance companies, and any non-financial institutions and individuals are not allowed to engage in the business of taking deposits from the public.

The business of absorbing deposits from the public.

When conducting business, financial institutions engaged in deposit-taking business shall not only abide by the principles of equality, voluntariness, fairness and good faith, abide by the relevant provisions of laws and administrative regulations, and not harm the interests of the country and the interests of the public; at the same time, they shall also

Abide by the principle of fair competition and shall not engage in unfair competition.

If the above-mentioned financial institutions that can operate the business of absorbing public deposits adopt illegal means to absorb public deposits, or the financial institutions and non-financial institutions and individuals that are not allowed to operate the business of absorbing public deposits illegally absorb or absorb public deposits in disguised form, it will inevitably affect the country’s macroeconomic management of financial activities.

Supervision damages the credit of financial institutions, harms the interests of depositors, disrupts financial order, and will ultimately affect the development of the national economy and social stability.

Since China implemented a market economy, due to the expansion of loan demand, various phenomena of illegally absorbing public deposits or absorbing public deposits in disguised forms have become increasingly prominent, which has had a great impact on the stability of the country's financial order. Therefore, this law follows the National People's Congress's

The Standing Committee's "Decision on Punishing Crimes that Disrupt Financial Order" subsequently defined the illegal absorption or disguised absorption of public deposits as a crime and punished it.

The object of this crime is public deposits.

The so-called deposit refers to an economic activity in which depositors deposit funds in banks or other financial institutions, and banks or other financial institutions pay interest to depositors.

The so-called public deposits mean that the depositors are an unspecified group. If the depositors are only a few individuals or specific, they cannot be considered public deposits.

Objective elements: The objective aspect of this crime is that the perpetrator has carried out the act of illegally absorbing public deposits or absorbing public deposits in disguised form.

The behavior of this crime mainly falls into the following three categories: 1. Absorbing deposits by illegally raising deposit interest rates and disrupting financial order.

Its main manifestation is: the depositor directly delivers an interest rate higher than the central bank's legal interest rate on the deposit certificate delivered to the depositor or saver on the spot.

Therefore, this method can also be referred to as the "reflected on the books" method.

Deposit interest rates, like loan interest rates, are important economic levers used by the central government to carry out macro-control of the domestic market economy.

Under normal circumstances, when the country needs to stimulate and expand overall social consumption, it will lower the deposit interest rate more. On the contrary, when the country needs to control market consumption and use more withdrawn currency to invest a larger amount of social expansion of reproduction to strengthen social production, it will raise the interest rate more.

Deposit interest rate.

Based on this, whether it is deposit or loan interest rates, all countries are generally formulated and published by the central bank.