2015165438+1On October 20th, Yancheng police announced that Jiang Huaibiao, the chairman of Fujian Group Co., Ltd., was criminally detained by Funing County Public Security Bureau on June 1 18, and is now detained at Funing County Detention Center.
According to public information, Fujian Group was established in March, 1995. Since 2002, Fujian Group has been ranked among the top 50 real estate enterprises in Jiangsu Province for six consecutive years. Chairman Jiang Huaibiao is a representative of Yancheng Municipal People's Congress and an outstanding entrepreneur in Yancheng. He was awarded one of the top ten outstanding young entrepreneurs in Jiangsu Province, the May 1st Labor Medal in Jiangsu Province and the title of model worker in Jiangsu Province.
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According to Article 176 of the Criminal Law of People's Republic of China (PRC), the crime of illegally absorbing public deposits refers to the act of illegally absorbing public deposits and disturbing the financial order in violation of national financial management regulations or in disguised form. The key to accurately understand the crime of illegally absorbing public deposits is to adhere to the unity of the unspecific subject of the crime and the concrete harm to financial order.
Although China's criminal law stipulates the crime of illegally absorbing public deposits, until the promulgation of 1997 criminal law, the law did not make clear and specific provisions on what illegally absorbing public deposits and absorbing public deposits in disguised form, and the Supreme People's Court and the Supreme People's Procuratorate did not make judicial explanations on this.
Article 4 of the Measures for Banning Illegal Financial Institutions and Illegal Financial Business Activities issued by the State Council 1998 (hereinafter referred to as the Measures) stipulates that "the illegal financial business activities mentioned in these Measures refer to the following activities without the approval of the People's Bank of China:
(1) illegally absorbing public deposits or absorbing public deposits in disguised form;
(2) illegally raising funds from unspecified objects in any name without legal approval;
(three) illegal loans, discounted bills, borrowing funds, trust and investment, financial leasing, financing guarantee and foreign exchange trading;
(4) Other illegal financial business activities identified by the People's Bank of China.
The illegal absorption of public deposits mentioned in the preceding paragraph refers to the activities of absorbing funds from unspecified social objects without the approval of the People's Bank of China, issuing certificates and promising to repay the principal and interest within a certain period of time.
The term "absorbing public deposits in disguised form" as mentioned in these Measures refers to the activities of absorbing funds from unspecified social objects without the approval of the People's Bank of China, but with the same nature as absorbing public deposits. In practice, the controversy mainly lies in whether the Measures can be used as the basis for conviction and sentencing of the crime of illegally absorbing public deposits.
Reference source People's Daily Online-The chairman of Yancheng Fujian Group was detained by the police on suspicion of illegal storage.