1 thought on “What is the latest explanation of illegal fund -raising of the Supreme Court of 2022?”
Clifford
I. The latest explanation of the illegal fundraising of the Supreme Court is that illegal fund -raising is an illegal and criminal activity. The Supreme People's Court of my country has certain rules for judicial interpretation of illegal fundraising. Next, I will make a related introduction to the judicial interpretation of illegal fund -raising of the Supreme People's Court in 2018. The Supreme People's Court of the People's Republic of China announced the "Interpretation of Several Issues of Specific Criminal Cases of Trial of Illegal Funding Criminal Cases". It was approved by the 1502 meeting of the Supreme People's Court Judgment Committee on November 22, 2010, which is now announced. It will be implemented from January 4, 2011. On December 13, 2010, illegal fund -raising criminal activities such as illegal absorption of public deposits and fundraising fraud in accordance with the law were punished in accordance with the law. According to the relevant provisions of the criminal law, several issues of the specific application laws of such criminal cases were explained as follows: First: First In violation of national financial management laws and regulations, and absorb funds to the public (including units and individuals), and at the same time, if they have the following four conditions, in addition to the other four conditions, in addition to the criminal law, the criminal law shall be identified as Article 176 of the Criminal Law. "Illy absorb public deposits or absorb public deposits in disguise": (1) absorbing funds without the approval of or borrowing legal operations in accordance with the law; (3) Promise to repay the principal and interest or pay in return or pay in return within a certain period of time; Those who have not publicized publicity to the society, those who absorb funds for specific objects within their relatives or units are not illegal or disguised to absorb public deposits in disguise. Article 2 If one of the following acts shall meet the conditions stipulated in the first paragraph of this interpretation, in accordance with the provisions of Article 176 of the Criminal Law, the crime of illegal absorption of public deposits shall be illegally absorbed: (1) Do not have possessions The real content of real estate sales may not be the main purpose of real estate sales, and illegally absorb funds by returning sales, after -sales leases, agreed repurchase, sales of real estate shares; (2) illegal absorption For funds; (3) those who illegally absorb funds by planting (breeding), rental (breeding), combined planting (breeding); (4) do not have the real content of sales of goods, provide services, or sell goods, do not sell goods, do not sell goods, do not sell goods, do not sell goods, and do not sell goods by sales. Provide services as the main purpose, and illegally absorb funds by illegal repurchase, storage, etc.; 6) Do not have the real content of the fund raising funds, and illegally absorb funds by falsely absorbing funds by falsely relying on overseas funds and sale of fictional funds; (8) Those who illegally absorb funds by investing in shares; (9) Those who illegally absorb funds by entrusted financial management; Other illegal absorption of funds. Article 3 If illegal absorption or disguised public deposits, if one of the following circumstances, shall be held criminally responsible in accordance with the law: (1) Individuals illegally absorb or disguise public deposits in disguise. Public deposits, with a amount of more than 1 million yuan; (2) If individuals illegally absorb or disguise more than 30 people in disguised public deposits, those who illegally absorb or absorb public deposits in disguise in disguise; (3) Individual illegal absorption or disguise in disguise Absorbing public deposits and causing the depositer to cause direct economic loss of more than 100,000 yuan, the unit illegally absorb or absorb public deposits in disguise, causing the depositer to cause direct economic loss of more than 500,000 yuan; (4) caused a bad social impact Or other serious consequences. If one of the following circumstances, it belongs to the "huge amount or other severe plots" stipulated in Article 176 of the Criminal Law: (1) Individual illegal absorption or disguised public deposits, with an amount of more than 1 million yuan, the unit illegally illegally Absorbing or disguised public deposits, with a amount of more than 5 million yuan; (2) If individuals illegally absorb or absorb more than 100 people in disguise in disguise, the unit illegally absorb or absorb more than 500 people in disguise in disguise; (3) Individuals If illegal absorption or disguise to absorb public deposits, the amount of direct economic losses to the deposit is more than 500,000 yuan, and the unit illegally absorbs or disguised public deposits, which causes the depositors to cause direct economic loss to more than 2.5 million yuan; (4) Causes particularly bad social impact or other special consequences. The amount of illegal absorption or disguise absorbing public deposits is calculated in full as the funds absorbed by the actor. The amount returned before and after the incident can be considered as a megential plot as appropriate. Illegal absorption or disguise to absorb public deposits is mainly used for normal production and operation activities. It can timely clear the absorbing funds in time, and can be exempted from criminal punishment; the circumstances are significantly mild and do not treat them as criminal treatment. Article 4 If the purpose of illegal possession, the use of fraud to implement the behavior listed in Article 2 provisions, shall be convicted and punished in accordance with the provisions of Article 192 of the Criminal Law. If the use of fraud methods illegal fundraising, one of the following circumstances, it can be identified as "the purpose of illegal possession": (1) After fundraising, it is not used for production and operation activities or is obviously not proportional to the scale of production and operation activities. If the model cannot be returned; (2) wantonly splurge the fund -raising funds, causing the fundraising funds to not be returned; (3) those who carry funding funds to escape; Hidden property, avoid the return of funds; (6) hiding, destroying accounts, or fake bankruptcy, false closure, and evading the return of funds; (7) refusing to explain the whereabouts of the funds, evading the return of funds; Positive purpose. There are many types of illegal fund -raising in daily life, and it is basically difficult to identify. This article has made a complete explanation based on the latest explanation of illegal fundraising of the Supreme Court. In normal times, we must be vigilant to avoid drilling into the bottomless hole of illegal fund -raising. It is very serious that illegal fundraising in front of the law is very serious, so we must not violate the law.
I. The latest explanation of the illegal fundraising of the Supreme Court is that illegal fund -raising is an illegal and criminal activity. The Supreme People's Court of my country has certain rules for judicial interpretation of illegal fundraising. Next, I will make a related introduction to the judicial interpretation of illegal fund -raising of the Supreme People's Court in 2018. The Supreme People's Court of the People's Republic of China announced the "Interpretation of Several Issues of Specific Criminal Cases of Trial of Illegal Funding Criminal Cases". It was approved by the 1502 meeting of the Supreme People's Court Judgment Committee on November 22, 2010, which is now announced. It will be implemented from January 4, 2011. On December 13, 2010, illegal fund -raising criminal activities such as illegal absorption of public deposits and fundraising fraud in accordance with the law were punished in accordance with the law. According to the relevant provisions of the criminal law, several issues of the specific application laws of such criminal cases were explained as follows: First: First In violation of national financial management laws and regulations, and absorb funds to the public (including units and individuals), and at the same time, if they have the following four conditions, in addition to the other four conditions, in addition to the criminal law, the criminal law shall be identified as Article 176 of the Criminal Law. "Illy absorb public deposits or absorb public deposits in disguise": (1) absorbing funds without the approval of or borrowing legal operations in accordance with the law; (3) Promise to repay the principal and interest or pay in return or pay in return within a certain period of time; Those who have not publicized publicity to the society, those who absorb funds for specific objects within their relatives or units are not illegal or disguised to absorb public deposits in disguise. Article 2 If one of the following acts shall meet the conditions stipulated in the first paragraph of this interpretation, in accordance with the provisions of Article 176 of the Criminal Law, the crime of illegal absorption of public deposits shall be illegally absorbed: (1) Do not have possessions The real content of real estate sales may not be the main purpose of real estate sales, and illegally absorb funds by returning sales, after -sales leases, agreed repurchase, sales of real estate shares; (2) illegal absorption For funds; (3) those who illegally absorb funds by planting (breeding), rental (breeding), combined planting (breeding); (4) do not have the real content of sales of goods, provide services, or sell goods, do not sell goods, do not sell goods, do not sell goods, do not sell goods, and do not sell goods by sales. Provide services as the main purpose, and illegally absorb funds by illegal repurchase, storage, etc.; 6) Do not have the real content of the fund raising funds, and illegally absorb funds by falsely absorbing funds by falsely relying on overseas funds and sale of fictional funds; (8) Those who illegally absorb funds by investing in shares; (9) Those who illegally absorb funds by entrusted financial management; Other illegal absorption of funds. Article 3 If illegal absorption or disguised public deposits, if one of the following circumstances, shall be held criminally responsible in accordance with the law: (1) Individuals illegally absorb or disguise public deposits in disguise. Public deposits, with a amount of more than 1 million yuan; (2) If individuals illegally absorb or disguise more than 30 people in disguised public deposits, those who illegally absorb or absorb public deposits in disguise in disguise; (3) Individual illegal absorption or disguise in disguise Absorbing public deposits and causing the depositer to cause direct economic loss of more than 100,000 yuan, the unit illegally absorb or absorb public deposits in disguise, causing the depositer to cause direct economic loss of more than 500,000 yuan; (4) caused a bad social impact Or other serious consequences. If one of the following circumstances, it belongs to the "huge amount or other severe plots" stipulated in Article 176 of the Criminal Law: (1) Individual illegal absorption or disguised public deposits, with an amount of more than 1 million yuan, the unit illegally illegally Absorbing or disguised public deposits, with a amount of more than 5 million yuan; (2) If individuals illegally absorb or absorb more than 100 people in disguise in disguise, the unit illegally absorb or absorb more than 500 people in disguise in disguise; (3) Individuals If illegal absorption or disguise to absorb public deposits, the amount of direct economic losses to the deposit is more than 500,000 yuan, and the unit illegally absorbs or disguised public deposits, which causes the depositors to cause direct economic loss to more than 2.5 million yuan; (4) Causes particularly bad social impact or other special consequences. The amount of illegal absorption or disguise absorbing public deposits is calculated in full as the funds absorbed by the actor. The amount returned before and after the incident can be considered as a megential plot as appropriate. Illegal absorption or disguise to absorb public deposits is mainly used for normal production and operation activities. It can timely clear the absorbing funds in time, and can be exempted from criminal punishment; the circumstances are significantly mild and do not treat them as criminal treatment. Article 4 If the purpose of illegal possession, the use of fraud to implement the behavior listed in Article 2 provisions, shall be convicted and punished in accordance with the provisions of Article 192 of the Criminal Law. If the use of fraud methods illegal fundraising, one of the following circumstances, it can be identified as "the purpose of illegal possession": (1) After fundraising, it is not used for production and operation activities or is obviously not proportional to the scale of production and operation activities. If the model cannot be returned; (2) wantonly splurge the fund -raising funds, causing the fundraising funds to not be returned; (3) those who carry funding funds to escape; Hidden property, avoid the return of funds; (6) hiding, destroying accounts, or fake bankruptcy, false closure, and evading the return of funds; (7) refusing to explain the whereabouts of the funds, evading the return of funds; Positive purpose. There are many types of illegal fund -raising in daily life, and it is basically difficult to identify. This article has made a complete explanation based on the latest explanation of illegal fundraising of the Supreme Court. In normal times, we must be vigilant to avoid drilling into the bottomless hole of illegal fund -raising. It is very serious that illegal fundraising in front of the law is very serious, so we must not violate the law.