非法吸收公众存款罪客体与客观方面探微

Probing into the Object and Objective Aspect of the Crime of Illegally Absorbing Public Deposits

非法吸收公众存款罪犯罪构成本身及其司法解释存在瑕疵,导致该罪在司法适用中存在诸多模糊点。该罪客体(保护法益)是准确解释犯罪构成的导向,建议将其理解为复杂客体,主要客体是国家金融机构对资本、货币经营业务的垄断秩序,次要客体是投资者的资金安全。"公众"不要求"多数人",建议以集资双方的"经济诚信和知悉度"区分公众的"特定"与"不特定"。吸收"存款"仅用于货币资本经营是非法吸收公众存款罪客体的应有之义。建议根据危害结果的不同将该罪法条修改为具体危险犯和实害犯两类三款。

The constitution of the crime of illegally absorbing public deposits and its judicial interpretation are defective,which fundamentally leads to many fuzzy points in the judicial application of the crime.The object of the crime(interest in the protection law)is the guidance to accurately explain the constitution of the crime.It is suggested that it should be understood as a complex object,the main object being the monopoly order of state financial institutions on capital and money business,and the secondary object being the capital security of investors.The "public" does not require a "majority".It is suggested that the "economic integrity and knowledge" of both parties should be used to distinguish the "specific" from the "non-specific".It is the object of the crime of illegally absorbing public deposits that the "deposit" is only used for money capital operation.It is suggested that according to the different results of the harm,the article of the crime law should be amended into two categories,namely the specific dangerous crime and the actual harm crime.