The data that released a few days ago according to highest check shows, 2018, mechanism of countrywide public security stands to collect money illegally in all case more than 10 thousand, experience record amount makes an appointment with 300 billion yuan, collect money illegally guilty activity still is banned repeatedly more than.
(the article turns to prevent oneself cheat big data: FPData)
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Prevent cheat say 94: Collect money illegally 10 big questions come from prevent cheat big data
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According to people court newspaper report says, collect money illegally currently case gross still resides perch, crime scene area basically is centered in foreland of the eastpart part and population of ministry of Chinese and Western to be saved greatly, key risk is in centrally the domain such as organization of collaboration of wholesale and kind of finance and Internet finance, retail, estate, experience farming, nowadays, type of illegal market those representing capital, method is renovated ceaselessly, situation still very austere, collected money illegally to endanger the legitimate rights and interests of average investor already badly.
In recent years, the country increases pair of blow strength that collect money illegally ceaselessly, still put a large number of blow on the commonweal advertisement that collects money illegally in CCTV series channel this year.
This year in working report of two meetings government, the premier points out 2019, the government should be perfected stereo change security of society to prevent control a system, advance deep sweep black except evil special accuse and denounce at a meeting, punish lawfully pilfer is grabbed cheat yellow bet the illegal crime activity such as poison, blow collects money illegally, pass annul wait for economic crime, punish encroachs the outstanding issue such as citizen individual information, guard the safe life of good people stoutly. This shows, the government is determined to what blow collects money illegally.
We fight bravely in the front line that counters financial bilk, the collapse that the be in harmony of illegal market fund that witnessed the banner such as dream of innovation of new economy of a lot of dozens of moves, finance, China invests a project dish. In undertaking bilk works opposing finance, also understand a lot of a lot investor to exist to collecting money illegally doubt. We are used today 10 ask 10 answering kind, solve these doubt one by one, make everybody can thorough understanding collects money illegally, self-conscious boycott collects money illegally. (the article turns to prevent oneself cheat big data: FPData)
One, what dispute law collects money?
In Baidu it is to the definition that collects money illegally on 100 divisions: Approve lawfully without concerning a section, acceptance gives contributive person to repay captital with interest 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; To the society not specific target plans market fund.
Court of top 2011 people releases " collect money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems " , undertook to collecting money illegally judicatory explains, collecting money illegally is a general designation of kind of a kind of illegal crime, include among them illegal or covert admit public deposit guilt, collect money crime of fraud, do sth without authorization issues blame of bond of stock, company, enterprise, manage a hardship illegally, notable is to pass selling also is to be brought into the category that collects money illegally.
2, what dispute law or covert admit public deposit guilt?
According to " collect money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems " (next abbreviation: Explain) the first regulation, disobey national finance to manage legal provision, to social community (include unit and individual) the action that draws fund.
Have at the same time following of 4 conditions, have a regulation additionally except criminal law beyond, ought to maintain it is what criminal law sets the 176th times " absorb the public illegally to deposit money to perhaps covert absorb the public to deposit money " :
(one) 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 is inside proper time pay get one's own back with the means such as money, objective, equity repays captital with interest or giving;
(4) to social community namely the society is not specific the object draws fund.
Additionally this explanation still set the 2nd times, carry out one of following behavior, accord with 4 afore-mentioned conditions at the same time, should conviction with absorbing public deposit blame illegally to conviction punishment: (the article turns to prevent oneself cheat big data: FPData)
(one) the true content that does not have house property sale perhaps does not produce a sale to be main purpose with the room, counter-purchase in order to return the v/arc rent land or a house for subletting after this sale, carry out, agreement, the means such as portion of sale house property draws fund illegally;
(2) protect those who wait for means to draw fund illegally with making over Lin Quan to be in charge of for you;
(3) cultivate in order to take the place of (breed) , hire cultivate (breed) , cultivate jointly (breed) wait for means to draw fund illegally;
(4) do not have the sale commodity, true content that provides a service to perhaps be not tasted with distributors, offer a service to be main purpose, counter-purchase with commodity, the; that the means such as check be commissioned to sell sth draws fund illegally
(5) do not have the true content that issues stock, bond, with making over fiction of equity, put on sale phonily the means such as bond draws fund illegally;
(6) the true content that does not have collect fund, with fiction of the fund outside condition of make use of, put on sale the means such as fund draws fund illegally;
(7) the true content that does not have sale insurance, with sham insurance company, forge the means such as insurance bill to draw fund illegally;
(8) the means that becomes a shareholder in order to invest draws fund illegally;
(9) draw fund illegally in order to trust the kind of conduct financial transactions;
(10) use folk " meeting " , " company " wait for an organization to draw fund illegally;
(11) other and illegal the action that draws fund.
3, what is to collect money crime of fraud?
" explain " the 4th regulation, it is a purpose with detinue, use bilk method carries out what this explanation stipulates place lists action the 2nd times, ought to according to criminal law the 192nd regulation, with collecting money crime of fraud convictions punishment.
Use bilk method collects money illegally, have one of following state, can maintain for " it is a purpose with detinue " :
(one) the activity need not be managed to perhaps be used at production to manage at production after collecting money activity and raise money capital dimensions is apparent disproportionate, cause collect money the paragraph cannot be returned return;
(2) wanton and prodigal collect money paragraph, cause collect money the paragraph cannot be returned return;
(3) carry collect money of paragraph abscond;
(4) will collect money the paragraph is used at violating guilty activity;
(5) smoke escape, move capital, hide belongings, escape return those who return fund;
(6) hide, items of an account of destroy by melting or burning, perhaps do a holiday to go bankrupt, the holiday closes down, escape return those who return fund;
(7) refus does not explain capital whereaboutldirection, escape return those who return fund;
(8) other and OK the case of cognizance detinue purpose.
4, what is do sth without authorization issues blame of bond of stock, company, enterprise?
" explain " the 6th in regulation, concern director department approval without the country, to the society not specific target is issued, issue a share with making over the means such as equity to covert or bond of company, enterprise, perhaps issue to specific target, covert issue a share or accumulative total of bond of company, enterprise exceeds 200 people, ought to maintain it is what criminal law sets the 179th times " do sth without authorization issues bond of stock, company, enterprise " . Make crime, with arrogate to oneself blame of bond of initiative travel stock, company, enterprise convictions punishment.
5, what dispute law manages a hardship?
" explanation " the 7th set with the 8th, violate national regulation, without lawfully approve do sth without authorization distributes fund of fund portion collect, the clue is serious, according to criminal law the 225th regulation, punish with managing a blame illegally to conviction.
Promulgator of advertisement operator, advertisement disobeys a country to set, use ad to collect money illegally the commodity related the activity perhaps serves false conduct propaganda, have one of following state, according to criminal law the 222nd regulation, conviction with false advertisement blame punishment:
(one) illegal income amount is in of 100 thousand yuan of above;
(2) cause what endanger effect of sequential abominable perhaps society badly;
(3) advertisement is used to make false conduct propaganda inside 2 years, had sufferred administration to punish above 2 times;
(4) the case with other severe scenario.
6, if be maintained to be illegal,collect money blame, the money of investor is taken did not come back, be true?
Police collects money illegally in investigation in the case, always can encounter be decieved evidence of not active, case gathers the person difficult question. This is very big one part reason is fool believe what one hears " once be maintained to be illegal,collect money, investment fund is taken do not come back " view. Calculate so had waked up to reality to come oneself were participated in collect money illegally project, also not be willing to inform against, quote, this lets a lot of crime suspects that collect money illegally be at large. (the article turns to prevent oneself cheat big data: FPData)
Be in actually in August 2017, legal system of the State Council does ever " deal with to collect money illegally byelaw (ask for an opinion to stalk of grain) " seek an opinion to whole society, inside the 4th quite rich controversy: 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 also became a part to collect money illegally to the person is controlled and be stabilized accept the excuse that deceive people.
But substantial this " opinion draft " the 23rd regulation, via dealing with to collect money illegally function branch is maintained it is what collect money illegally, collect money illegally person, illegal help a person ought to Xiang Fei law collects money participate in a person to return fund.
Additional 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..
" a certain number of provisions that top people court implements about share of worth of criminal judgment experience " thirteenth to the compensate of experience case property Fu Shunxu undertook specific specification, person be executived assumes criminal responsibility, civil responsibility at the same time in carry out, its belongings can't pay, carry out according to following order:
(one) the medical treatment charge in person damages;
(2) the loss of the injured party of pay compensation for what one has unlawfully taken;
(3) other and civil liability;
(4) fine;
(5) confiscate property.
Creditor is right of executive mark enjoy lawfully preferential authority sufferring countervail, its view is first suffer countervail, people court ought to advanced money (one) after medical treatment charge of the regulation suffers countervail, give support. So " law of dispute be decidinged collects money after the case, suffer the capital that deceive people to take do not come back " this kind of rumor is a holiday, be decieved the person is being sufferred collect money illegally after bilk, should call the police in time, coordinate police work actively, provide strong evidence, buy time prevents guilty suspect to transfer asset, at an early date recapture invests money.
7, encounter be suspected of collecting money illegally project, how should do?
A lot of fools collect money illegally in experience after bilk, only able and anxious, do not know how to undertake thought fors the time being. Collect money illegally in experience after bilk, want to keep calm, undertake 3 paces go:
The first pace:
The id card that carries oneself, relevant turn the concerned testimony data such as photocopy of scheme of Zhang proof check, subscription investment contract undertakes registering reporting a case to the security authorities to public security mechanism, do good news to register;
The 2nd pace:
Through much channel connection is sufferred likewise collect money illegally the fool organization of bilk, rally strength, xiang Fei law collects money the classics detect of project seat, industrial and commercial service undertakes informing against, provide evidence actively, those who put forward oneself is reasonable appeal to beg, if accomplish,add up to dimension of legal principle sex to counterpoise again most;
The 3rd pace:
8, collect money illegally a what kind of platform is the platform of case investor information that register?
Collect money illegally in recent years case frequency hair, and cross a region, involve a number evidence commits the crime on numerous, net secret, this collects evidence, statistic to be decieved to public security mechanism it is person data, difficult to checked the job such as details of a case to bring, so the organization built the Ministry of Public Security to collect money illegally case investor information registers platform. Use informatization to count paragraph of convenient investment to be decieved the person registers pertinent information, facilitating investment is decieved the person gets in touch at public security mechanism, the newest progress that examines a case at any time and asset deal with working plan, utmost protects investment to suffer the legitimate rights and interests that deceive people. (the article turns to prevent oneself cheat big data: FPData)
This collect money illegally the action that case investor information registers platform to be able to remove an information bridge, this platform was announced collect money illegally the newest progress of the case, investment fool can at any time the Qing Dynasty of development of advertent details of a case and experience case asset is retreated.
In the bookshops circulates a kind of view is " once register the identity, can be superintended to rise, avoid make trouble " , this kind of view is eyewash completely. This platform is to give investment to be decieved the person offerred authority of a dimension to appeal to more beg platform, share the number that register more, experience record amount is higher, can cause the attention of relevant section more, be helpful for as early as possible investigation of put on record, will commit a crime of suspect rope at the law.
Relevant network address: Http://ecidcwc.mps.gov.cn
9, collect money illegally does the case retreat need how long to money Qing Dynasty from put on record?
Collect money illegally the case belongs to criminal case, basis " a certain number of regulations that top people court tries deadline system about carrying out a case strictly " the average criminal case of intermediary carry on, details of a case is simple not complex, did not lengthen the occurrence of the circumstance such as cognizance, appeal, the fastest it is the 5 time to 6 months.
But collect money illegally nowadays now the advantage that the case exploits Internet, the city that cross a province crosses a country to undertake committing the crime even, the investment fool of experience case is numerous, experience record amount is huge, data of data of of all kinds testimony huge and collect have difficulty, also brought about so collect money illegally the case has not at average criminal case, want a course to investigate, sue, sentence careful, asset to deal with wait for flow, expended time exceeds 5 to arrive far 6 months, possible even meeting achieves two years many.
This lets a few investment be decieved suffer suffer, oppugn the nonfeasance of police, but because collect money illegally the characteristic of the case, expended time and investigation job cannot be mixed photograph of average criminal case is compared, be far from on the fountainhead of investor so collect money illegally become particularly important.
10, collect money illegally how much is bilk money Qing Dynasty retreats scale?
Actually investment is decieved the person is being sufferred collect money illegally after bilk, what hope most is can fall oneself investment loss lowest, care money very return scale problem.
Of experience case asset dealing with is dispute law collects money a stress that the case handles and difficulty, the mechanism that works according to hit and dealing with to collect money illegally, deal with to collect money illegally the job is general be in charge of by the people government full powers of the crime scene, grasp from beginning to end hold " pursue and wipe out of experience case asset changes now the biggest change and invest investment to be decieved person loss is the smallest change " principle, begin asset pursue and wipe out, investment to be decieved stage by stage person information is registered check, recover asset to change now, money Qing Dynasty is retreated wait for flow.
Qing Dynasty of specific experience case asset retreats scale is according to experience case amount and the scale that recover amount undertake calculative, recover amount to hold proportion of experience record amount so taller, clear retreat scale taller also. Because this investment is decieved,the person reports a case to the security authorities as early as possible, active quote, can help police faster crack a criminal case, with respect to the asset of under one's name of suspect of crime of can quicker control, prevent the move of asset, thereby can better the rights and interests that ensures oneself. (the article turns to prevent oneself cheat big data: FPData)
The government raises funds illegally in blow the respect is in hard all the time, function branch publishs measure in succession related each district, severe dozen collect money illegally. There is National People's Congress to collect money illegally on behalf of the proposal more during two meetings this year experience record amount is huge should sentence capital punishment, this proposal, discuss what caused a society greatly, this also mirrorred the development in current Internet finance to fall, collected money illegally to cause serious harm to the society.
Actually blow collects money illegally, besides the effort of government and judicatory administration respect, investor also should set out from oneself, raise a risk to be on guard consciousness, boycott the temptation of high interest high income, do not believe " one night is cruel rich " crammer, from fountainhead boycott collects money illegally. Also we advocate this all the time, also be the way that we have turning over con job is in hard all the time, the trap that hope everybody can keep away from to collect money illegally, put an end to what collect money illegally to cause.
Reference material:
" collect money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems " , " procuratorate of top people court, top people, the Ministry of Public Security collects money illegally about dealing with criminal case is applicable law the opinion of a certain number of problems "
