Civilian leasehold activity abounds in in the life at us, making the written certificate that can prove bilateral and leasehold relation exists must have been signed when folk is leasehold, if want to distinguish,collect money illegally as leasehold as folk, collect money so illegally to be distinguished leaseholdly with folk?
One, collect money illegally to be distinguished leaseholdly with folk
Our country jurisprudence does not have folk's leasehold concept, it is relative to normal finance orgnaization character, orgnaization of alleged and normal finance approves the orgnaization with standard form and professional work via the country namely, folk is leasehold the leasehold behavior besides the business of financial orgnaization banking that approves in the country namely. To ensure the rights and interests of depositor, superintendency division system was decided a series of administrative system. But of enterprise and individual endowment formal gold demand is many sided. After for instance the individual got big heavy disease, he needs medical treatment fee, from the point of this respect, obtaining normal finance is very difficult, pass folk so leasehold will solve capital requirement.
Be not formal law to collect money is the concerned regulation that violates national banking law, admit a kind of act of capital socially, basically have 4 features important condition: Sex of illegal sex, open sex, lure by promise of gain, sociality. Sociality is to the society not specific personnel sucks a form to receive fund, folk is leasehold have specific boy or girl friend, collect money illegally the blame is sex of not specific; lure by promise of gain, public acceptance gives your redound open sex of how many; , undertake publicity conduct propaganda to social community namely. Can see from the concept, civilian leasehold form is jural now did not prohibit, collect money illegally the blame is illicit of state law public proclamation.
Folk is leasehold it is to may evolve to collect money illegally blame of the form, for instance a small small proprietor of an enterprise is in newly established when to settle the need of capital gold, can plan market fund through ground predestined relationship, popularity, kin, this may be folk at first leasehold, friend of good form of the person that is Changshu of a few blame, close friend raises money one share capital. As company operation expand, the dilate of capital requirement, below the circumstance that changes in economic situation happening, when he gets through normal finance capital cannot satisfy requirement, can seek other channel form to come collect capital, even risk danger in desperation is done collect money illegally blame.
Set according to legal laws and regulations, collect money illegally the blame does not get legal protection, participate in collect money illegally the risk carries the blame oneself.
Public security mechanism collects money illegally in blow is very discreet all the time in convict fault Cheng. On the foundation of correct divisional and both bounds, after allowing determinism jointly with concerned branch, make illegal part the ability that formal endowment commits a crime carries out blow, to proper civilian leasehold activity, state law can'ts help stopping. Collect money illegally in blow in convict fault Cheng, public security mechanism also insists to hit crime and the principle that protect development to pay equal attention to from beginning to end, implement the criminal policy of aid of photograph of wide severe form, accomplish determined blow to handle few number, education rescues great majority. And in punish to collect money illegally in convict fault Cheng, besides should let collect money illegally the suspect is not in convict blame economically take petty gain besides, to beneficial of other benefit form the right of damage person should try to protect with all one's strength. Let collect money illegally actually the usury that the suspect obtains him illegally spits convict blame come, be opposite namely broad a kind of protection that shares interest of the person that collect money.
Anyhow, should to collecting money illegally blame and folk's leasehold distinction is a complex process, carry out a proof, will handle by the lawyer that has fair statute knowledge and working experience, can be on guard already legal dispute, also can settle legal dispute better, utmost ground avoids or reduce pecuniary loss, ensure your legitimate rights and interests effectively.
2, collect money illegally reach its consequence
1, what dispute law collects money?
Collecting money illegally is unit or individual are examined and approve without having authority orgnaization, to socially not specific public (relatively extensive group) draw deposit. Here, "Specific " and " not specific " the object is divisional and lawful as main as a illegal dividing line.
Collect money illegally the activity is main with affirmatory fictional and redound of high specified number, false project (if invest capital of have enough to meet need of the conduct financial transactions outside estate, condition, coffin pit, industry,wait for) , build with false conduct propaganda situation, use coax kissing affection to be commonly used method.
Typical form if folk is so called " mark is met " use do legwork form, persuade for bait with high interest, alluring acquaintance collects money, it is a purpose in order to achieve detinue. Collect money illegally have the following feature:
Approve lawfully without concerning a section, the fund raising that includes to did not approve attributive branch and the branch that examines and approve attributive surmounts attributive to approve collect money; acceptance is inside proper time repay captital with interest to contributive person, repay captital with interest to be given priority to with monetary form, still include objective form or other form;
Not only to the society calm object namely social community plans market fund, cover the property that its collect money illegally with legal form.
2, the consequence that collects money illegally
(1) administration legislation is sequential
① investigation, ban. Basis " suppress idea " regulation, chinese people bank is responsible investigation, maintain, ban collect money illegally behavior, if need reconnoiter, answer to cooperate each other with public security mechanism. Adopt coercive measures to capital of case of guilty suspect, experience, be in charge of by public security mechanism.
② Qing Dynasty is retreated. Basis " suppress idea " the 17th regulation: "Illegal finance orgnaization once Chinese people bank announces to ban, unit of approval branch, officer perhaps establishs an unit, by approval unit of branch, officer perhaps establishs an unit to be in charge of an organization clearing clear retreat; of creditor's rights debt to did not approve unit of branch, officer to perhaps establish an unit, by the local people government of seat responsible organization is cleared clear remove creditor's rights debt. By the local people government of seat responsible organization is cleared clear remove creditor's rights debt..
③ punishment. Basis " suppress idea " the 22nd regulation, those who be engaged in illegal banking business still making crime " confiscate illegal income by Chinese people bank, manage illegal gain 5 times the following amerce; does not have 1 times above of illegal income, be in 100 thousand yuan of above 500 thousand yuan of the following amerce. Be in 100 thousand yuan of above 500 thousand yuan of the following amerce..
④ issues securities action illegally to be able to be in charge of banning by card inspect. " suppress idea " the 28th regulation: "Ban orgnaization of illegal negotiable securities and activity of business of illegal negotiable securities to consult this method is carried out, by Chinese negotiable securities supervisory management committee is in charge of carrying out.
(2) criminal law is sequential
If the malign degree that collects money illegally is achieved conviction the standard of measurement of penalty, basically be suspected of " criminal law " collect money the 192nd times the 179th crime of fraud, do sth without authorization issues blame of bond of stock, company, enterprise, the 176th absorb the public illegally deposit blame, the 225th manage a blame illegally to wait.
3, folk is leasehold the distinction with bilk
Crime of fraud, it is to point to it is a purpose with detinue, use dummy fact to perhaps conceal the beguiling method of the truth, diddle counts the behavior of the state-private property with larger specified number. The object that crime of fraud encroachs is state-private property ownership, guilty object is the state-private property of all sorts of types. The action principal part of crime of fraud is mixed through dummy fact hide the fact two kinds of methods, make the injured party produces illusion and " freewill " hand over property.
1, borrower and lessee are in leasehold the correlation when. Common folk leasehold relation happens between the relatives and friends of understand one another, mutual come-and-go more, leasehold relation builds the base that trusting each other over. And bilk often happens in bilateral party to be acquainted before long, take the credit of method diddle the other side of deceit.
2, the account that produces leasehold impact. In normal leasehold relation, borrower encountered difficulty really, solve feebly temporarily, just to other leasehold. And with leasehold execute bilk for the name, often be fictional and false difficult fact, or it is temptation with the interest such as high interest, diddle other sympathizes with or trust.
3, whether is borrower willing to remand reach the reason that cannot remand on schedule. Legitimate leasehold concern, borrower does not deny leasehold relationship, express to try to remand. Although cannot remand on schedule, because encountered the objective difficulty that is not move with its volition,often be. And with property of the leasehold bilk that it is a name, often behave to carry paragraph abscond, or it is launch out or gamble, think of to remand far from.
On put together, collect money illegally to include to collect money illegally with folk's leasehold distinction the blame does not get legal protection, participate in collect money illegally the risk carries the blame oneself, folk is leasehold interest rate coincidence method is decided even if should suffer what law protects to wait only.
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