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最近,媒体报道的大量非法吸收公众存款罪案件引起了人们的广泛关注,通过仔细观察,笔者发现该罪名已呈现扩大化的趋势,部分地区在司法实践中不看行为实施主体吸收资金的目的是为了从事银行业务还是解决企业的资金困难,都一律处以刑罚,将一般的民间借贷行为即合法的民间融资行为也归为此罪。本文认为,这一现象与我国自加入世贸组织后打破金融市场的垄断、鼓励金融市场的竞争发展、推动民间金融市场逐步实现合法化的预期目标是截然不同的,如此盲目处理的办法势必会阻碍我国市场经济的发展。
Recently, a large number of media reports on the illegal absorption of public deposit crimes have aroused widespread concern. After careful observation, I found that the charges have been magnified. In some jurisdictions, the purpose of absorbing funds by the main actors is not to see In order to engage in banking business or to solve the financial difficulties of enterprises, are punishable by penalties, the general private lending behavior that is legitimate private financing is also classified as the crime. This article argues that this phenomenon is totally different from the expected goal of breaking the monopoly of financial markets after China’s accession to the WTO, encouraging the competitive development of financial markets, and gradually realizing the legalization of private financial markets. Such a blind handling will inevitably hinder The Development of Market Economy in Our Country.