Ceng Jie: Office of wide strong attorney group of attorney of criminal of big state of · gold tooth (net of attorney of golden tooth big state) collect money illegally guilty plead and research center secretary-general
Be in all is suspected of that collect money illegally almost in the case, have a rumor:
Once experience case platform is decided to be,collect money illegally namely platform, participator collects money illegally namely mobile participator, they invest the money of platform, the illicit money that collects money illegally namely, take did not come back.
This rumor, in Qian Bao the net explodes Lei Shi has, in be apt to Lin Jinrong explodes Lei Shi has, explode in Tang Xiaoseng and finance of couplet a round flat piece of jade with a hole in its center Lei Shi also has.
This is off base.
The origin of this rumor, come from August 24, 2017 " the State Council deals with to collect money illegally byelaw " (the opinion asks for draft) , its set, "Collect money illegally participate in a person to because participate in,ought to be assumed by oneself collect money illegally the loss that get. This byelaw place says to collect money illegally participate in a person, it is to point to the unit that invests capital to collect money illegally and individual. It is to point to the unit that invests capital to collect money illegally and individual..
Above all, this word, just say to collect money illegally participate in a person should the risk is carried oneself, not be to say the money that they invest must be confiscated, pay gives a state.
Next, should ask for opinion draft, still set, collect money illegally support of the people collects money illegally participate in a person to retreat plan to reach unanimous opinion with respect to capital Qing Dynasty, by collect money illegally Qing Dynasty of person proper motion is retreated. Collect money illegally support of the people collects money illegally participate in a person to did not retreat plan to reach unanimous opinion with respect to capital Qing Dynasty, deal with to collect money illegally function branch is in charge of coordinating constituent capital Qing Dynasty to quit the job. Collect money illegally participate in a person to ought to undertake declaring registering inside time limit.
Additional, this byelaw is an opinion asks for draft only merely, alleged opinion asks for draft, the meaning does not have become effective namely. Should consult truly, was 2011 " procuratorate of top people court, top people, the Ministry of Public Security collects money illegally about dealing with statute of criminal case comfortable use the opinion of a certain number of problems " , its set: "Close down, property of case of sequestered, frozen experience, should be commonly after lawsuit is terminative, return still collect money participate in a person. Inadequacy of experience case property is returned entirely return, according to collect money the fund raising that participates in a person frontal scale is returned still. According to collect money the fund raising that participates in a person frontal scale is returned still..
So, no matter experience case platform is final how qualitative, be in theoretic, of investor before it is to be returned lawfully return collect money participate in a person.
But, the key of the problem, be can clear how much to retreat?
According to reaching its a few years to collect money illegally more greatly case Qing Dynasty retreats scale, scale is in probably 30% the left and right sides. For instance in those days actor easy net collects money illegally case, already returned investor principal 40% , east of 31 months; starts last a period of time cast collect money illegally case, investor principal returns remnant 48.7% , last a period of time of front courtyard careful 9 months;
Copper is borrowed suck register with the proper authorities illegally, investment fund presses the scale pay compensation for what one has unlawfully taken of 12.3% , happy net of 14 months; borrows last a period of time of front courtyard careful to suck register with the proper authorities illegally, investor principal returns remnant 70% , last a period of time of front courtyard careful 22 months. just finish the first round according to media message.
The investor of finance of couplet a round flat piece of jade with a hole in its center, how do the fixed conduct financial transactions that they buy and product of current economy gains do?
At present the major servicing mode of finance of couplet a round flat piece of jade with a hole in its center has two, one is the investor that buys fixed conduct financial transactions and product of current economy gains, because they are typical financial investor, the amount that buys so often bigger.
In current product, finance of couplet a round flat piece of jade with a hole in its center " pocket money plans " (current) , capital is used just is advisory limited company of investment of Shanghai fast constant, plan product introduction according to pocket money, the investment of mark its " the cloud is calculated " data center operation, be engaged in resource is rented and serving redound, because serve a plan to be expended with small chronometer, attribute capital fund of high frequency liquidation, can accomplish along with put along with product of extraction conduct financial transactions.
That is to say, if finance of couplet a round flat piece of jade with a hole in its center discloses information is true, the capital of investor flowed to Shanghai fast constant to invest advisory limited company namely, those who serve as capital is applicable square, finance of couplet a round flat piece of jade with a hole in its center creates capital pool without privately, had done tripartite fund mandatory, the capital of investor flowed to Shanghai fast constant to invest advisory limited company directly, so finance of a round flat piece of jade with a hole in its center of even if couplet explodes thunder, theoretic should not the safety of capital of pocket money plan, problem of occurrence a run on a bank may be liquidity problem merely. It is normal that these problems want Shanghai fast constant to invest advisory limited company to carry an item only operation, can slowly Qing Dynasty is retreated. Of course, the premise of all these, it is the capital that finance of couplet a round flat piece of jade with a hole in its center did not meet investor, did not establish capital pool to admit the capital of investor.
Additional, to the P2F product of the product of fixed conduct financial transactions of finance of couplet a round flat piece of jade with a hole in its center and Tang Xiaoseng, also be same argument, crucial question, see its information exposure is true, whether did capital flow to asset end directly, if they are message medium platform merely, did not contact capital, that can see the cash ability that asset carries directly.
But, if finance of couplet a round flat piece of jade with a hole in its center, the platform illicit such as Tang Xiaoseng set capital pool, have fund putting in the repartition after collect 's charge, flat perhaps all or partial capital directed oneself associated project and enterprise, that is suspected of from problem of be in harmony, was suspected of collecting money illegally. Right now if produce cash risk, often break chain because of platform capital catenary, without real assets end serves as assure and assume cash responsibility, so right investor, loss as good as then tremendous.
And bought a way to the 2nd kind by implement the consumer of objective, because because consume,this case is likely extremely,be sucked illegally to put by accusation, they are right of this case qualitative had more crucial effect actually, but their rights and interests protects a problem, do not have unified regulation in practice of each district judicatory, the processing technique of before the author thinks to be able to consult one kind of investor, undertake clear retreating mixing lawfully pursue and wipe out. Nevertheless, be in on June 21, fei Xun issues announcement, will " to attending the consumer of Fei Xun and activity of sale of partner couplet a round flat piece of jade with a hole in its center, fei Xun is affirmatory already the K code of product of work off hardware is in charge of coordinating tripartite to undertake cashing by Fei Xun, will turn to platform of other strategy partner through technical measure. Particular operation flow can be released inside 7 weekday. Particular operation flow can be released inside 7 weekday..
But at present the author also has a doubt, if because have the K that gets dispute is piled up,finance of couplet a round flat piece of jade with a hole in its center is,return benefit activity by put on record, what then Fei Xun serves as the product that return profit is true issue square, whether to need to assume responsibility? Fei Xun and couplet can maintain the collaboration of such deepness between a round flat piece of jade with a hole in its center, does the correlation between them concern how? These are interrogative, remain to investigate mechanism to be solved further.
How should investor do?
Above all, in judicatory practice, investor should cooperate to do case mechanism to undertake investing a project to register as soon as possible, carry data of neat individual identity, investment proves to wait a moment. Someone says, this kind is registered be without necessary, because the capital running water of P2P is in its server. Theoretic this kind of technique lets suddenly reasonable, but actually, in judicatory practice, handle a case mechanism the electronic data manner to experience case platform is more careful, to the authenticity of electronic data and integrality its trust hard, and the investor that its register to providing evidence actively is to welcome quite. And because pay off scale is finite, can divide batch, cent annulus occasionally second undertake clear quiting the job. This also is why to collect money illegally case Qing Dynasty retreats the job to last the reason with 10 particularly chief beautiful.
In judicatory practice, if platform is decided finally to be crime, investor already OK and active with collect money the person reachs agreement of pay compensation for what one has unlawfully taken, also can be in forensic court decision, instruct pay compensation for what one has unlawfully taken of the accused person.
Means one: Negotiate proper motion pay compensation for what one has unlawfully taken
Means 2: The court instructs pay compensation for what one has unlawfully taken, nonperformance is carried out
Means 3: Separately civil sue
And in a lot of case, many investor still can mention separately so that civil suit acquires relief right, if can provide professional relevant evidence, also can obtain a judge to support, again this author not give uncecessary details.
