Determination Of "Disguised Assimilation" In The Crime Of Illegally Attracting Public Deposits

In recent years,cases of illegally absorbing public deposits across the country have shown an upward trend.As one of the acts of illegally absorbing public deposits,the number of cases involving "disguised absorption" has also increased significantly.Especially in recent years,with the development of our country's economy and society,more and more criminals "absorb in disguise" in a more covert manner,which adds a lot of difficulty to judicial identification and brings a lot of pressure.Although China has introduced several judicial interpretations to regulate "absorptive disguise" in the past decade,with the development of the times,coupled with loopholes and conflicts in legal and judicial interpretations,many problems have arisen in practice.Therefore,the full text starts from practice and uses the method of empirical analysis to explore how to identify "absorption in disguise" in practice,finds problems in the process of identification,and proposes relevant solutions.The legal concept of "absorption in disguise" can be traced back to the "Commercial Banking Law" of 1995.With the introduction of the "Criminal Law" of1997,it has officially entered the scope of the Criminal Code.After the gestation period,the initial period and the improvement period,the content of the legislation was more detailed but it also exposed many problems,which aroused controversy and reflection in the academic circle.Aiming at the retention and identification of "absorptive disguise",theoretical controversies in academic circles can be divided into three theories: "change the status quo," "maintain the status quo," and "limit the status quo."Theory guides practice,and practice acts on theory.Selecting 427 cases involving “disguised absorption” in the judicial practice of Zhejiang Province and the three northeastern provinces from 2011 to 2019 as research materials,combing the types and identification tendencies of “disguised absorption” listed in judicial practice,and found the following problems: First there are problems with the application of the bottom clauses.Legislative provisions are general,their connotations are not accurately defined,and there are still unclear phenomena in judicial determination.Second,the boundary between "private lending" and "absorption in disguise" is unclear,which confuses the behavior of private borrowing with capital and borrowing,which expands the scope of the attack in disguise,and has become the main focus of dispute between the prosecution and the defense in judicial practice.Third,there is no clear distinction between "disguised absorption" and "illegal absorption".The two are often confused in practice.The referee documents say that the theoretical evidence is weak,avoiding the key and difficult points of judicial determination,and cannot serve as a form of identification and more concealed content.The role of "absorptive absorption".The improvement of "disguised absorption" can be carried out in the following aspects: applying homogeneous interpretation methods to apply the bottom clauses,and paying attention to the use of the bottom clauses when determining "disguised absorption";from maintaining the restraint of criminal law,investigating the use of funds,and making reasonable judgment The three angles of responsibility standardize the threshold of incrimination in "disguised absorption",so as to strike accurately;strengthen the theoretical evidence of referee documents,pay attention to the logic and pertinence of reasoning,especially grasp the "disguised absorption" and "illegal absorption" Distinction,improve the ability to identify "disguised absorption".In addition,due to the negligence of judges' judgments,problems such as the expansion of the law and the application of different judgments in the same case need to be strengthened in order to strengthen the theoretical foundation of the judges,improve their knowledge,and achieve fair and legal judgments.In the end,it provides comprehensive guarantees from both the legislative and judicial perspectives,reasonably identifies and identifies "absorption in disguise," and serves the overall situation of administering the country in accordance with the law and building a socialist country ruled by law.