May 15, 2019 is mechanism of public security of the 10th whole nation hit and be on guard economic crime publicizes day, the theme of day of this second conduct propaganda is " with civilian homocentric guard for you " . In this extraordinary time, face hand in a center to hint you: Protect belongings security, be far from collect money illegally! Will identify and be on guard to collect money illegally relevant knowledge shares as follows:
One, the definition that collects money illegally
Basis " top people court collects money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems " (law commentate 〔 2010 〕 18) , collecting money illegally is to disobey national finance to manage legal provision, to social community (include unit and individual) the action that draws fund.
2, the main feature that collects money illegally
Collecting money illegally is fingering person, other organization or individual, without having power gear approval, plan the action of market fund to social community. Have commonly the following 4 features:
1, draw fund without be approved lawfully about the branch or using the form that manages legally;
2, through media, recommend the way such as short message of meeting, handbill, mobile phone to publish conduct propaganda to the society;
3, acceptance gives contributive person to pay get one's own back with the means such as money, objective, equity repays captital with interest or giving inside proper time;
4, to social community namely the society is not specific the object draws fund.
3, collect money illegally common guilty gimmick
1, sham civilian battalion bank borrows a country to support civilian capital to initiate the policy that establishs financial orgnaization, pretend to had been obtained or applying the license plate of civilian battalion bank, the nominal put on sale of bank of fiction civilian battalion is original perhaps draw deposit.
2, use farmer cooperation to playing cooperative finance banner, breakthrough " the commune member is made " , " close quality " principle, exceed limits to draw fund external, use at turning to borrow earn benefit to differ or use capital as other side seeks profit etc. The business site that establishs bank formula publicly perhaps, hall or business bar, cheat misdirect country masses, draw public deposit illegally.
3, high price is counter-purchased collect article with good for nothing or bank note of the souvenir with low price, souvenir, stamp so called collect article for the tool, claim to have tremendous appreciate space, acceptance is counter-purchased at high price after conventional time, the citizen that entice is bought, carry paragraph abscond next.
4, hitting " provide for the aged " does banner have: of 3 kinds of outstanding forms? Emperor Qian clam dish bastinado of Mu Xianying of Song of of play of Mao ┭ " does fleabane Bei choose Zhen of そ of ⅰ ammonia V to protect ⒊ to believe pray Gong Jing to break joyous of ǎ of Tuo of blain of of ⒒ buffalo gnat and does Yun crouch of Qi of Lan of ⒁ of ⅰ of blind of depend on ?
5, name of P2P of make use of namely concept of innovation of finance of apply mechanically Internet, create platform of loan of alleged P2P network, it is bait with usury, take dummy borrower and fund use, release the method such as information of false invite public bidding to draw public deposit, shut a website suddenly next or carry paragraph abscond. Main technique has: It is platform becomes product of conduct financial transactions to offer lender through designing loan demand, perhaps put in market fund 's charge first, search loan object to wait for means again, make lender capital enters the intermediate account of platform, form capital pool; 2 it is platform all did not check obligation to identity authenticity, fail to discover in time acquiesce in borrower to release information of much borrow or lend money with many false name on platform even, to capital of collect of not specific target; 3 it is platform of project of fictional and false financing or loan mark, use borrow return old Pang fraud pattern newly, for platform parent company or financing of its affiliated enterprise.
6, the false economy that folk throws financing intermediary orgnaization or assure: It is it is the product of conduct financial transactions with nominal false put on sale in order to invest conduct financial transactions, acceptance does not have risk, high income; 2 it is dummy loan square, draw fund illegally with offerring loan to assure; 3 it is hypostatic enterprise contributive establish cast financing kind the orgnaization is oneself financing, some enterprises are set oneself even or assure through closing couplet company open company, offer for oneself assure.
7, real-estate industry violates compasses sale is estate company breaks the law violate building of line of business of plan will be entire commerce, service to differentiate for a certain number of Xiaoshang is spread undertake selling, the v/arc rent land or a house for subletting after making work through acceptance, fixed high specified number is returned return hire or arrive after particular fixed number of year counter-purchase, revulsive public is bought; 2 it is estate company did not obtain goods in the project before the room opens to booking licence, some is a project even when undertaking developing building, subscribe of less than ministry, extend the form such as VIP card, covert undertake selling financing, some still exists " one room sells more " ; 3 it is estate company making the name such as real-estate project development, direct or collect money to social community through intermediary orgnaization.
8, fictitious conduct financial transactions is with " help each other " , " beneficent " , " compound interest " wait to release investment product for stunt, incorporeal project is propped up, do not have clear investment mark, rely on to develop new investor to realize empty usury profit; 2 be lure public investment for bait with high income, low doorsill, fast redound.
9, " consumption returns profit " website website is hit " shopping = deposit " wait for banner, allege " shop " hind batch can be divided to return inside period of time return shopping money, attract social community to invest capital. The website is carrying uptodate setting a lot of limitation, make participate in a person to go out impossibly that will devoted capital is taken entirely; Or will return profit amount and participate in a person to invite the number couple that play, become development to get offline of member type kind pass sell terrace.
10, fictitious money registers portfolio company, use the computer and network technology, issue " bit money " , " K money " , " dark money " wait for a network fictitious money, claim the company can appear on the market very quickly, fictitious network money can be exchanged at the appointed time primitive, win get one's own back of high specified number.
4, how social community identifies and be on guard to collect money illegally activity
See financing lawful sex. Lawful financing should get the branch is approved concerned. If issue a stock to want to get Chinese card inspect can be approved, trade in the stock exchange; Sale insurance ought to get Chinese silver protects inspect to be able to be approved get procuratorial qualification to wait. Accordingly, ought to examine when investment have without approval file, help identifying.
2 see propagandist way. Whether to pass inn of branch, door, wait for means to disseminate information of conduct financial transactions with recommending short message of meeting, handbill, mobile phone, phone to recommend, perhaps wait for all sorts of ways via transmit of kin friend colleague, to the citizen transmission invests information.
3 see management pattern. Specific should see investment redound what have, have hypostatic project, why to borrow money to the normal finance orgnaization such as the bank, what is the way that gets profit. Without project or dummy project Douyun contains huge risk, want to cause vigilance all the more.
4 look share investment principal part. Whether everybody can attend, amount no matter size can invest. If be if should cause vigilance, do not be deceived.
Special clew: Collect money illegally participator interest is damaged, bear a loss by participator proper motion! ! !
According to laws and regulations of our country law, collect money illegally because of participating in the loss that the activity gets, assume by participator proper motion, forms debt and risk, do not collect money illegally so that impute to did not participate in state-owned bank of the activity and other finance orgnaization and other any units. Creditor's rights debt clears clear drop back, have odd and illegal property, give confiscate, treasury of turn over to the higher authorities of on the spot. Classics people court is carried out, the person that collect money still cannot Qing Dynasty is retreated collect money of the paragraph, answer to bear a loss by participator proper motion. In ban collect money illegally in mobile process, local government is in charge of organizing harmonious work only. Once social community is participated in,this is meant collect money illegally, participator interest does not get legal protection! ! !
