Disguised Absorb Public Deposits Behavior Research

Current our country illegally accepting the situation presents a "explosive growth" trend, in 2014, for example, the number of illegal fund-raising cases, the amount and number of participating in financing rose at about 2 times, and the most frequent in illegal fund-raising crime crime of illegal absorb public deposits, so how to accurately identified illegal absorbing public deposits that charges become the main problems in the judicial practice.On the one hand, the crime of illegal absorb public deposits contain illegal absorbing public deposits and absorb public deposits two kinds of behavior in disguised forms, and the existing laws on the specific construction form of the two kinds of behavior is quite general, not on the specific provisions and distinguish; Illegal absorbing public deposits and, on the other hand, a relatively easy recognition by the judicial organs. So in real life, more and more criminals take various means of law disguised in the form of illegal absorb public deposits in counterfeit after disguised way to eventually achieve absorb public deposits. Especially in recent years, in the backdrop of the financial reform and innovation, constantly involved in new areas of the economy, the new financial way, the new management method, was born the investment and financing intermediary, private equity investment, financing guarantee, P2P network to borrow a lot of new concepts such as, crime and therefore presents a very different characteristics. And how to recognize and solve the mask after "DE facto" behavior, has become the top priority in the work of the judiciary in actual judicial practice.Possible innovations and deficiencies:in the second part of this article to distinguish the "explanation" which belongs to the circumstances provided for in article 2 of 10 kinds of disguised absorb public deposits, which belongs to the behavior of illegal absorb public deposits, according to analysis of passive investment the new point of view it is concluded that the second as stipulated in article 7 kinds of situations "way to counterfeit, fake insurance documents illegally absorb funds" does not belong to a disguised form to absorb public deposits, and should be identified as crime of fraud; Put forward at the same time, the theoretical circle is usually considered legitimate private borrowing can also be a disguised absorb public deposits of one type of point of view, and respectively in this paper for the first and the third part to do the theory and case analysis. In view of the author's theoretical foundations and relatively shallow, not distinguish may explain in place for some concept, case analysis part may explain some superficial, hope readers to be correct.