First, fund-raisers should put down their unique judgment position, be vigilant and report the case to the public security organ in time.
Second, we must trust the case-handling organs and the government and actively cooperate. Some fund-raisers, out of a good desire to let fund-raisers continue to operate and repay the principal and interest, explicitly require the case-handling organs not to regard fund-raisers as crimes, which leads to inconsistent understanding between case-handling personnel and fund-raisers, and increases the social interference and complexity of handling cases.
Third, the relevant evidence of fund-raising should be kept well, including loan contracts and bank transfer vouchers. In illegal fund-raising cases, the determination of the amount involved is often a headache for public security organs. Documentary evidence often takes the form of IOUs and IOUs, but the amount recorded in documentary evidence is often different from the actual amount. Fund-raisers hardly have a sound financial system, and some even destroy the books after the incident, which makes it difficult for case handlers to accurately find out the amount involved. In many cases, even fund-raisers directly transfer funds to other fund-raiser accounts designated by fund-raisers through their own accounts or offline accounts according to the requirements of fund-raisers. This chaotic exchange of funds helps fund-raisers realize the criminal link of robbing Peter to pay Paul, which directly leads to the difficulty in collecting relevant evidence to prove their contribution in the process of handling cases, thus affecting the quality of handling cases and hindering the effective crackdown on illegal fund-raising crimes. Therefore, fund-raisers should pay attention to preserving and providing complete fund-raising vouchers and other materials, and cooperate with public security organs to find out relevant cases of illegal fund-raising as soon as possible, so as to maximize their rights and interests and reduce losses.
Because the cases of illegal fund-raising involve a large number of people, are widely distributed and have complex types of assets, it is very difficult to find out the facts, lock evidence and dispose of assets once a case occurs, and the public security and other relevant law enforcement departments need to spend a lot of manpower, material resources and time. After the investigation is completed by the public security organ, it will be transferred to the procuratorate for examination and prosecution, and then tried by the court. If the defendant appeals, it needs the final judgment of the second instance, and the judgment can only be executed after it takes effect, so as to return the loss of the victim. This process often takes a long time. Therefore, the victims must be patient, overcome their anxiety, remain rational and calm, and believe that the government departments will handle such cases according to law and safeguard the interests of the people to the maximum extent. At the same time, reflect the demands through reasonable channels, and do not take excessive actions to interfere with and affect the handling of cases. China's relevant laws and regulations clearly stipulate that the losses suffered by participating in illegal fund-raising activities shall be borne by the participants themselves, and the debts and risks formed shall not be passed on to state-owned banks, other financial institutions and any other units that have not participated in illegal fund-raising activities. The crime of illegal fund-raising is mainly because the fund chain of fund-raisers is broken. If high returns can be maintained, few fund-raisers take the initiative to report the case because of profit-seeking motives. It is unrealistic for illegal fund-raisers to expect the government to do all the work and make the government the "last payer" after being cheated. Imagine if the fundraiser had a high return before the incident, the capital chain broke after the incident and the government paid the bill. This kind of treatment is a strong support for illegal fund-raising in violation of the national financial management order! How can government departments ignore the law and do so? Therefore, victims of illegal fund-raising must not take chances and expect to "defend their rights" through irrational channels such as petitioning, pestering, visiting and gathering.
Finally, it must be pointed out that the people's court can only crack down on the crimes of illegally absorbing public deposits and fund-raising fraud through criminal trials, and pursue the criminal responsibility of criminals, which can only be a means of relief afterwards. The masses should enhance their awareness of financial security and law, don't believe in the myth of "getting rich overnight" and "falling pie in the sky", carefully distinguish the guarantee method when signing a loan contract, and invite professional lawyers to escort them when necessary to avoid losses to the maximum extent.
Legal basis:
Article 192 of the Criminal Law of People's Republic of China (PRC), whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.