Collect money illegally and collect money bilk has what distinction

As the ceaseless development of our country socialist market economy, the country pays close attention to a society more and more of favorable order build, be in at ordinary times in the life, people collects money illegally via often can be being encountered and collect money bilk such circumstance, the basis sets related our country law, these two kinds of action make crime possibly, collect money so illegally and collect money what does the distinction of bilk have? Below small make up introduce relevant content for everybody.

One, collect money crime of fraud

Collect money crime of fraud is to point to it is a purpose with detinue, violate the regulation of concerned banking law, code, use bilk method undertakes fund raising illegally, disturbed country is normal financial order, encroach state-private property ownership, and the action with larger number. Collect money in crime of fraud " detinue " should understand for " illegal and all " . Can seeing this pain from this one concept is the purpose makes, legal make, amount makes, the result makes. The main body of this blame is general main body, any achieving the criminal responsibility age, natural average per capita that has criminal responsibility capacity can make this crime. According to this section the 200th regulation, the unit also can make this crime main body. Connecting general reason condition to fall, droit him lapse to of the capital that incorporate of this kind of purpose is will illegal collect is all, or random is prodigal, or paragraph abscond is carried to wait after having fund.

2, collect money illegally with collect money the distinction of bilk

Generally speaking, collecting money illegally is to point to an unit or individual not classics of program of according to legal is approved about the branch, in order to issue negotiable securities of fund of stock, bond, lottery, investment the means of proof of other perhaps creditor's rights plans market fund to social community, affirmatory repay captital with interest to contributive person with the means such as interest of etc of money, objective inside proper time the action that gives get one's own back.

(one) its characteristic is:

(1) approve lawfully without concerning a section, include what approve without the branch that approves attributive to collect money; The branch that examines and approve attributive surmounts attributive approval to collect money, the person that collect money namely does not possess fund raising main body qualification

(2) acceptance repays captital with interest to contributive person inside proper time. The form that repay captital with interest is divided outside be being given priority to with monetary form, also have objective form and other form.

(3) to the society not specific target plans market fund. Here " not specific target " it is to point to social community, is not to point to specific small number of people.

(4) the essence that masks its to collect money illegally with legal form.

So, generally speaking, collect money of the enterprise legally behavior must accord with 4 conditions:

1, fund raising main body ought to be the finite liability company that accords with company doctrine regulation or the company of Inc. condition, other perhaps the has corporate organization company that creates lawfully. Our country does not have individual collect capital at present examine and approve. That is to say, the collect behavior of any individuals all is break the law.

2, the purpose that company, enterprise collects fund, it is to be used at establish or be being managed of company, enterprise of company, enterprise, the loss that must not be used at making up for company, enterprise and other blame manage sexual expenditure.

3, capital of collect of company, enterprise basically is passed issue stock, bond or financing is rented, affiliation, joint-stock wait for means to undertake, issueing stock and bond among them is type of a kind of main market those representing capital.

4, company, company raises funds in the collect on capital market golden behavior must the regulation of be good law, that is to say the regulation of the law that company, enterprise must concern collect capital according to company method etc in the behavior of capital of the collect on capital market, code, strict wait according to the object of legal means, program, condition, deadline, collect undertake, the behavior of capital of lawbreaking regulation collect is unallowed.

Collect money crime of fraud is to point to it is a purpose with detinue, use bilk method collects money illegally, the action with larger number. Form collect money crime of fraud, behavior person ought to accord with the following condition in impersonal aspect:

1, must have the action that collects money illegally.

2, collecting money is to pass use bilk method to carry out.

3, use bilk method collects money illegally must reach number bigger, just make crime. Otherwise, do not make crime.

(one) main body important document:

The main body of this blame is general main body, any achieving the criminal responsibility age, natural average per capita that has criminal responsibility capacity can make this crime. The unit also can make this crime main body.

(2) subjective important document:

This blame is in subjective on by form intentionally, and it is a purpose with detinue. Namely criminality person is in subjective on the objective that has the capital glom on to that will gather illegally. Alleged glom on to, under the individual control that the capital park that includes will illegal raise already collects money illegally, the capital park that also includes will illegal raise under the control of this unit. Connecting general reason condition to fall, droit him lapse to of the capital that incorporate of this kind of purpose is will illegal collect is all, or random is prodigal, or paragraph abscond is carried to wait after having fund.

(3) object important document

The object that this blame encroachs is complex object, encroached state-private property ownership already, encroached national finance to run a system again.

(4) objective important document

This blame was behavior person to must carry out use bilk method to collect money illegally in impersonal aspect expression, the action with larger number.

In judicatory practice, behavior person has one of following state, should maintain its behavior to belong to use bilk method to collect money illegally:

(1) after collecting money, carry collect money of paragraph abscond;

(2) will not collect money the paragraph is used by conventional utility, however do sth without authorization prodigal, abuse, cause collect money the paragraph cannot be returned those who return;

(3) use collect money the paragraph undertakes illegal guilty activity, cause collect money the paragraph cannot be returned those who return;

(4) promise to the person that collect money expire pay exceed bank the corresponding period highest float interest rate of the high return rate of 50% above.

Use bilk method collects money illegally must reach number bigger, just make crime. Otherwise, do not make crime. According to regulation of standard of put on record: The individual collects money bilk, amount is in of 100 thousand yuan of above; Or the unit collects money bilk, amount is in of 500 thousand yuan of above, for " number is larger " . The individual undertakes bilk amount is in fund raising of 200 thousand yuan of above, belong to " amount is huge " ; The individual undertakes bilk amount is in fund raising of 1 million yuan of above, belong to " amount is particularly huge " . The unit undertakes bilk amount is in fund raising of 500 thousand yuan of above, belong to " amount is huge " ; The unit undertakes bilk amount is in fund raising of 2.5 million yuan of above, belong to " amount is particularly huge " .

Measurement of penalty: Criminal law sets the 192nd times it is a purpose with detinue, use bilk method collects money illegally, number is larger, be in 5 years of the following set term of imprisonments or arrest battle, be in 20 thousand yuan of above 200 thousand yuan of the following fine; Amount is huge perhaps have other and serious plot, be in 5 years of above 10 years the following set term of imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine; Amount is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine perhaps confiscate property.

Our country collects money illegally and collect money to distinguish or be compared of bilk much, collecting money illegally basically is relevant unit and individual do not possess corresponding main body qualification and undertake fund raising, and collect money the main purpose of bilk is for bilk, its method is illegal, the legal responsibility that both place should be in charge of also is different, but both is will achieve the thing that should not get with illegal means.