非法吸收公众存款罪的法律问题探究

The Legal Issues Exploration of Illegal Collection of Public Deposits

近年来,随着我国民众的收入水平、存款水平的不断提高,非法吸收公众存款罪。我国刑法针对违反金融监管规定、扰乱金融秩序的非法集资行为虽构建了包括非法吸收公众存款罪为在内的规制模式,但非法吸收公众存款罪仍旧存在许多需要解决的法律问题,如定罪标准的法律适用不统一、司法认定扩大化的倾向,刑法的不当介入等,阻碍着金融行业的创新和自主健康发展,急待研究解决。

In recent years,with the continuous improvement of the income level and deposit level of the Chinese people,the crime of illegally absorbing public deposits have trended higher.Though,the criminal law of our country has established a regulation mode including the crime of illegally absorbing public deposits,aiming at illegal fund-raising activities that violate financial supervision and disturb financial order,there are still many legal problems in the crime of illegally absorbing public deposits,such as the inconsistent application of the law on the conviction standard,the tendency of expanding judicial recognition,the improper access to criminal law and other problems hindering the innovation and healthy development of the financial industry,which need to be studied and solved urgently.