Notice of the General Office of the State Council on Punishing Illegal Fund-raising according to Law
The State Council invented electricity [2007] No.34.
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
Illegal fund-raising has revived in many areas of our country, and it is developing in many fields and professionalism. In 2006, public security organs throughout the country put on record and investigated illegal fund-raising cases 1999, involving a total amount of 29.6 billion yuan. From June 5438 to March 2007, 342 cases of illegal absorption of public deposits and fund-raising fraud were investigated, involving 5.98 billion yuan, up 10 1.2% and 482.3% respectively. If effective measures are not taken to rectify it, it will certainly cause greater social harm. In order to maintain the normal economic and social order, protect the legitimate rights and interests of the people, and promote the sound and rapid development of the national economy, with the consent of the State Council, the relevant issues concerning punishing illegal fund-raising according to law are hereby notified as follows:
First, fully understand the social harm of illegal fund-raising and resolutely curb the high incidence of illegal fund-raising cases.
Illegal fund-raising involves a wide range and is extremely harmful. First, it disturbs the order of socialist market economy. Illegal fund-raising activities take high returns as bait and cheat funds for the purpose, which destroys the financial order and affects the healthy development of the financial market. Second, it has seriously damaged the interests of the masses. Cases of illegal fund-raising in northern Anhui are frequent, with high returns, which affect social stability. Illegal fund-raising is deceptive and easy to spread. After defrauding the masses of funds, criminals often squander them or quickly move to hide, causing great losses to the victims (mostly laid-off workers and retirees), easily triggering mass incidents and even endangering social stability. Third, it has damaged the reputation and image of the government. Illegal fund-raising activities often commit crimes in the name of "responding to national forestry policies" and "supporting ecological environmental protection", which not only affects the implementation of national policies, but also seriously damages the reputation and image of the government. In order to effectively punish illegal fund-raising, the State Council approved the establishment of the "Inter-ministerial Joint Meeting on Handling Illegal Fund-raising" (hereinafter referred to as the "Joint Meeting") system led by the CBRC. Local people's governments at all levels and relevant departments must unify their thinking, raise their awareness and do a good job together. We should unify our thoughts and actions with the deployment and requirements of the State Council, and with the overall situation of safeguarding national economic security, social stability and building a harmonious society, fully understand the harmfulness of illegal fund-raising, strengthen organizational leadership, make careful arrangements and deal with it decisively, so as to effectively curb the high incidence of illegal fund-raising cases.
Two, the main forms and characteristics of illegal fund-raising.
The situation of illegal fund-raising is complicated and varied. Some are under the banner of "supporting local economic development" and "advocating green and healthy consumption", while others cite new concepts such as property right leaseback, e-commerce, e-fund and investment fund. The means are hidden and deceptive. Judging from the incident, illegal fund-raising can be roughly divided into four categories: creditor's rights, equity, commodity marketing and production and operation. In 2006, the value of illegal fund-raising cases in the name of production and operation cooperation accounted for more than 60% of all illegal fund-raising cases, which needs to be highly concerned. The main features of illegal fund-raising are: First, raising funds from the society (especially from unspecified objects) without the approval of the relevant regulatory authorities. Such as absorbing social funds without approval; Public and private issuance of stocks and bonds without approval. The second is to promise to give investors a return on investment in the form of money, physical objects and equity within a certain period of time. Some lawless elements absorb funds by providing seedlings and other forms, and promise to pay returns by purchasing or underwriting products; Others absorb funds in the form of commodity sales and give returns in the form of promised leaseback, repurchase and transfer. The third is to cover up the purpose of illegal fund-raising in a legal form. In order to cover up their illegal purposes, criminals often sign contracts with victims.
Third, local people's governments should earnestly shoulder the responsibility of punishing illegal fund-raising according to law to ensure social stability.
The provincial people's governments should put the punishment of illegal fund-raising on the important work agenda, speed up the establishment and improvement of the working mechanism and system of punishing illegal fund-raising in accordance with the law in this region, and do a good job in related work. The first is to strengthen monitoring and early warning. It is necessary to maintain a high degree of vigilance against illegal fund-raising in the region, monitor the whole process, take the initiative to investigate risks, and achieve early detection, early warning and nip in the bud. The second is to investigate and collect evidence in time. When problems are found, local banking supervision, public security, industry and commerce departments should be organized to intervene in advance to carry out investigation and evidence collection. For illegal fund-raising cases with great social impact and bad nature, corresponding preventive measures should be taken to control the people and assets involved, protect the evidence and prevent the situation from expanding and getting out of control. At the same time, it is necessary to formulate a risk disposal plan to prevent mass incidents. The third is decisive disposal. Decisive measures should be taken to properly dispose of illegal fund-raising with clear facts and clear nature; It is difficult to determine, it shall promptly report to the "joint meeting" organization. Involving multiple regions, the relevant provincial people's governments should strengthen communication and coordination and do a good job in related work. The people's governments at the provincial level should sum up experience in time, formulate relevant local laws and regulations in accordance with national laws and regulations and with reference to the policies and regulations of industry leaders and regulatory authorities, so as to provide legal protection for punishing illegal fund-raising according to law.
Four, all relevant departments should strengthen coordination and conscientiously do a good job in punishing illegal fund-raising according to law.
Punishing illegal fund-raising according to law has strong policy and complicated situation. All parties concerned should strengthen coordination and make joint efforts to control it. Relevant departments should gradually establish and improve a responsive, closely coordinated and effective working mechanism to enhance the pertinence and effectiveness of the work. Industry leaders and regulatory authorities should take the prevention and control of illegal fund-raising in this industry as an important part of supervision and management, designate specialized agencies and personnel to be responsible, establish daily information communication channels and work coordination mechanisms, and conscientiously do a good job in monitoring and early warning of illegal fund-raising. Once illegal fund-raising is found, it should be handled properly by the provincial people's government in a timely manner and notified to the "joint meeting". It is necessary to formulate and improve the regulations and industry standards for preventing, monitoring and disposing of illegal fund-raising in this industry. The "joint meeting" should intensify its work, deeply analyze cases of illegal fund-raising, concentrate on investigating typical cases, severely punish the first evil, educate and cooperate, and safeguard the rights and interests of the masses. As the lead department of the "joint meeting", the CBRC should take the initiative to strengthen communication with relevant departments and local people's governments and do a good job in organization and coordination. It is necessary to adhere to the policy of putting prevention first, intensify work, strengthen publicity and education, improve financial services, and gradually build a long-term comprehensive management mechanism that combines unblocking with prevention and control. For industries with frequent cases of illegal fund-raising, it is necessary to actively carry out risk investigation to prevent further accumulation of risks. Relevant industry leaders and regulatory authorities should announce the telephone number, email address and email address of the report as soon as possible, encourage public participation through rewarding reports, open up a special investor education garden on the portal website, and explore the establishment of a long-term mechanism for risk early warning and early warning. It is necessary to strengthen the supervision and management of advertising, implement the advertising review system according to law, strengthen supervision and inspection, promptly investigate and verify the clues found in the inspection, reported by the masses and disclosed by the media, and severely investigate and punish the parties and relevant responsible persons who publish illegal fund-raising advertisements.
Five, strengthen the guidance of public opinion and legal publicity, improve the public's ability to identify illegal fund-raising.
The China Banking Regulatory Commission should take the lead in formulating publicity and education plans, make full use of newspapers, television, radio, internet and other media means to publicize laws and regulations that punish illegal fund-raising according to law, inform the public of new forms and new features of illegal fund-raising, remind the public of risks, improve risk awareness and identification ability, and guide them away from illegal fund-raising. It is necessary to increase the public coverage of typical cases, expose criminals' usual tricks through columns and special programs, deter criminals, and form a powerful public opinion offensive against illegal fund-raising. In the vast rural areas, urban streets, communities, stations and other public places to set up publicity columns, post posters, expand coverage, and strengthen publicity effects. According to the unified deployment of the State Council, organize and coordinate relevant departments to carry out publicity and education activities and correctly guide public opinion. Local people's governments should further strengthen public opinion guidance and legal publicity according to local characteristics.
the General Office of the State Council
July 25(th), 2007