Research On The Improper Transformation Of The Litigation Identity Of Salespersons In The Crime Of Illegally Absorbing Public Deposit

In recent years,with the rapid development of the economy and the strong demand for private financing,the crime of illegally absorbing public deposits has shown a high incidence.The salesperson is a special kind of person who illegally absorbs public deposits.The absorption of public deposits can only be completed through negotiation and communication between the salesperson and the fund-raising participants.The salesperson promises to repay the principal and high interest within a certain period of time or provide other services with corresponding value.The absorption of funds from the fund-raising participants is an important part of the whole process of absorbing funds.Therefore,the identification criteria of the litigation status of the salesperson should be clear,otherwise,it will cause the improper transformation of the litigation status of the salesperson in the process of criminal litigation.However,in the actual judicial practice,the criteria for determining the litigation status of the salesman in the crime of illegally absorbing public deposits are very vague;In addition,the number of crimes of illegally absorbing public deposits has been increasing,especially the scope of prosecution of the group of business personnel in the crime has a tendency to expand,which has led to the improper transformation of the litigation status of business personnel in judicial practice.On the basis of analyzing the relevant background and reasons,explain the situation of improper transformation of litigation status,find out the problems caused by improper transformation of litigation status,and give suggestions to solve the relevant problems.The main content of this paper is divided into the following four parts.The first part is the analysis of the background and causes of the improper transformation of the litigation status of the salesman.First,in judicial practice,the people’s courts have very vague and even confused criteria for the identification of the litigation status of the salesperson.Different courts have inconsistent judgments,and the identification criteria of the salesperson at different levels are confused,subjective and intentional,and not clear.The second is that the expanding trend of crime affects the improper transformation of litigation status.These two problems in judicial practice have led to improper transformation of litigation status.The second part,starting from the basic concepts of "improper" and"transformation" in the improper transformation of litigation status,combs out the theoretical knowledge of the improper transformation of litigation status of salespersons.On the basis of combing and analyzing,it points out that improper transformation of litigation identity includes frequent transformation of litigation identity,identity transformation to avoid power protection,and negative transformation that should be transformed but not transformed,and makes a detailed theoretical analysis of it.The third part,this part is to analyze the problems caused by the improper transformation of the litigation status of the salesperson.Specifically,it includes causing procedural confusion,instability,undermining the authority of litigation,infringing the litigation rights of the accused,especially the right to defense,infringing the rights of the victim,mainly the property rights of the victim,and causing civil and criminal confusion.The fourth part,this part is to put forward countermeasures and suggestions for the problems caused by the improper transformation of the litigation status of the salesperson.Specifically,it includes issuing guiding cases to clarify the litigation status standards of the salesperson,maintaining the stability of the litigation procedure,improving the judicial credibility,protecting the litigation rights of the accused and the rights of the victim,and clarifying the need to restrict the conversion of evidence under different identities,strengthening the investigation supervision,and improving the restriction and supervision mechanism of the investigation power.From the above point of view,this paper tries to provide some ideas and methods for solving the problems caused by the improper conversion of the litigation status of the salesperson in the crime of illegally absorbing public deposits.