非法吸收公众存款案存款人诉讼地位探析

Research on the Litigant Position of the Depositors in the Case of Illegal Receival of the Public's Deposit

非法吸收公众存款案的存款人是被害人还是证人 ,法律没有明确规定 ,在实践中的做法不一 ,笔者主张具体把该存款人分成利益未受到损害的存款人、利益受到损害且有过错的存款人和利益受到损害且无过错的存款人等三种情况。对前二者只能以“证人”的身份参加诉讼 ,而对第三种人应以“被害人”的身份参加诉讼。

There is no definite provision on whether the depositors in the case of illegal receival of public's deposit. Different ideas appear in practice. The author thinks they can be divided into three parts: the depositors whose benefits have not been damaged, the depositors who have made mistakes with their benefits damaged and the depositors who have made no mistakes with their benefits damaged. The tow former ones can be the 'witnesses' in the action and the last one only can be the 'victims'.