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He said Joe

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  • Started 10 years ago by pg8vS2Au2S

  1. <br>■ Luzhou 12 people due to loan sharking, he was sentenced to seven and a half court, with committing the crime of illegal detention, two crimes to 8 years imprisonment to run concurrently<br> <br>■ Some experts believe that the case of the ruling social necessity in today's environment look great demonstration significance; some experts say the decision is debatable<br> <br>Luzhou due to use personal funds to monthly interest rate of 2% to 20% interest on a loan of 12 people,moncler outlet, more than 600 million, or recently have been in the hospital Luzhou crime of illegal business sentenced to 7 years and a half, and the confiscation of five million yuan , recovery of illegal income of more than 300 million. Currently, Heyou Ren's family has a lawyer on behalf of the complainant, apply for a retrial.<br> <br>Sichuan Provincial Academy of Social Sciences Law Institute Associate Professor Huang Zeyong believe folk "usury" act itself great harm to the social and economic activities, to be constraints on usury activities, and even be held criminally responsible are necessary, the case of the ruling social necessity In today's environment it seems very exemplary.<br> <br>Professor of Criminal Law of China University of Political Science, doctoral tutor Ruan Qilin said the case is his decision to engage the country's first private personal loans from creditors committing the crime of illegal business case study criminal law for so many years, I heard of. And China's criminal law has been that, personal loans and even usury among citizens within the scope of criminal law is not adjusted, the case of the decision is questionable.<br> <br>Case playback<br> <br>12 people to more than 300 million loan-sharking profits<br> <br>Luzhou Court number is (2011) No. 12 Lu punishment Final verdict shows that this year aged 52, only primary school education Luzhou, because usury alleged illegal business, in March 23,hogan outlet, 2010 under criminal detention. December 24 the same year, the Court of First Instance Jiangxian guilty of illegal business and sentenced to imprisonment for seven years and a half, and the confiscation of five million yuan, and recover the illegal income of more than 300 million. In addition, Wang and Lee suspicion stole something of his house, ordered a high equality will Wang and Li Jiangxian detained in a hotel, committed the crime of illegal detention, was sentenced to 1 year and a half, two Crime of 8 years imprisonment to run concurrently.<br> <br>After the first trial, Heyou Ren appealed to the Luzhou Intermediate Court. Recently,http://www.infocrystal.com/alink/apeboard_plus.cgi?command=read_message&msgnum=970/, Luzhou Intermediate Court made the final judgment, maintained its Heyou Ren commit crime of illegal business and illegal detention sentence. Luzhou Court held that, in violation of the State Council He Youren "illegal financial institutions and illegal financial business activities banned" (hereinafter referred to as the "Rules"), in the case of loans without obtaining an administrative license, illegal transact financial business, not specific to 12 target high-interest loans to more than 600 million yuan, seriously disrupted the market order, the circumstances are especially serious,barbour paris, have constituted the crime of illegal business operations, should be within the sentencing margin of more than 5 years in prison, and accordingly upheld the first instance verdict.<br> <br>Upon inquiry, the judgments cited in the "measures", the Department of administrative regulations July 13,http://bbs.tt919.com/read.php?tid-293888.html/read.php?tid-293888.html/post.php?fid=379?fid=379, 1998 by the State Council executive meeting, where Article states: "The term illegal financial activities refers people without China Bank approval of engaging in the following activities: ...... (c) illegal loans, apply for settlement, bills discounting, money lending,http://www.democratie-socialisme.org/spip.php?article2790, trust and investment, financial leasing, financing guarantees,louboutin pas cher, foreign exchange trading; ...... "<br> <br>Family view<br> <br>Clear criteria for how it should be lawful to borrow<br> <br>Yesterday, the Chengdu Chinese Commercial News reporters Zai Luzhou and Xian Daoliao Heyou Ren Ho Joe's daughter. He Qiao Jieshao, his father after the accident, she returned to school in Chongqing, Luzhou, devoted father of affairs. As a father of an agent, she is responsible for handling a lot of related matters, to close accounts that have received, and have to go to appeal.<br> <br>He said Joe, currently on the market many people are out to borrow money, and some even higher interest, loan amount is also great, but why people all right, her father has to go to prison. If the parties can give a standard, only borrow what interest, can only lend a few people,http://canacorp.net/read.php?tid=493868&ds=1, only how much money to borrow, the father may be right.<br> <br>Attorney<br> <br>High Court to apply for a retrial of the case starts<br> <br>Yesterday, the Sichuan criminal lawyer network into security chief lawyer said he had accepted the woman delegate, filed a complaint for the crime of illegal business , Sichuan Provincial High Court application to start the retrial of the case. He believes that He Youren's behavior is typical of private lending, belong Civil Law category. According to the provisions of existing law, it did not prohibit private personal loan charge a higher interest rate than the same period of just over four times the bank's interest protected by law, but can not say borrowing is a crime in itself.<br> <br>Shing said, He Youren was previously a construction Luzhou businessman, the court finds that it is now illegal to lend money to all of its own funds,http://www.boznet.cn/home.php?mod=space&uid=6902, do not absorb other people's deposits, no bank loans. Shing said that private lending is now a very large market, more than He Youren a governmental foreign lending of funds, if the interest income really higher than the market price, it is certainly no one asked him to borrow. Interest another job is not to say crime, low interest rates on legitimate.<br> <br>All sound<br> <br>Whether individuals put "usury" should the punishment?<br> <br>He Youren put "usury" committed the crime of illegal business,http://repository.seikei.ac.jp, was sentenced to seven and a half. Judgment on the case, the experts are divided.<br> <br>Support into the sentence:<br> <br>Prohibits "usury" is necessary<br> <br>"I think to put the 'usury' held criminally responsible person is based,Tiffany Gioielli,http://cgi.kwkwkw.com, is also necessary." Sichuan Provincial Academy of Social Sciences Law Institute Associate Professor Huang Zeyong said it folk "usury" has almost become a cancer, like He Youren borrow 20% of the monthly interest on money received, even though such a high interest may not be able to sell drugs have on. Wenzhou now intensified by the "usury" business owners "foot" storm, it is the climax of the bitter ending after the "usury", a large number of high-quality private enterprises, the profits to be "usury" nibble, because it was not even on the "usury "Overnight the demise of a large number of loan" usury "household wealth evaporate, triggering a series of social problems.<br> <br>Therefore, prohibits "usury" is necessary. The original intention of the crime of illegal business operation, established to combat all dressed contains the legitimacy, but seriously disrupt the market economic order, causing many social problems of behavior. Therefore, illegal business sentenced Heyou Ren et put "usury" by legal basis.<br> <br>Against the sentence:<br> <br>It did not expressly prohibit private personal loans paid<br> <br>"I do Penal research over the years, had never heard of the individual because of private lending, was sentenced to the crime of illegal business, we have always thought that private lending between individuals are not adjusted the scope of criminal law." Professor of Criminal Law of China University of Political Science, Dr. tutor Ruan Qilin said that China so far did not have regulations at the national level,http://www.kaientai.ne.jp, is expressly prohibited loans paid between private individuals. Currently, civil Usurious very common, as are by this idea, it will basically be identified as guilty of the crime of illegal business.<br> <br>"When we apply to the crime of illegal business, downsizing principle should be adopted." Ruan Qilin said, according to the definition, as long as the violation of state regulations, seriously disrupted the market order could be identified as illegal business. This crime can include behavior very much, it is used to prevent the legislation did not foresee at the beginning to seriously disrupt the market order behavior occurs in the future. It has its own rationality, but its application should be used to narrow principle, otherwise it becomes a "pocket sin" and what behaviors can be installed inside.<br> <br>Chengdu Chinese Commercial News reporters Li Ling and Peng Luzhou photo coverage<br> <br>News Background<br> <br>Wenzhou private lending funds totaling 110 billion yuan<br> <br>According to the People's Bank branch in Wenzhou city just released "Wenzhou private lending market report", only the amount of private capital in Wenzhou lending a land already reached about 1,100 billion. Today, the issue of the legitimacy of private lending trouble, direct flipping numerous sensitive nerve private borrowers.<br> <br>Related Links<br> <br>Gambling usury owed 2.97 million yuan misappropriated money gambled<br> <br>Luzhou a concrete Engineering Limited sales manager Zhang Feiqiang (a pseudonym), during the Spring Festival this year under the temptation of a friend, the idea of holding the luck to participate in "push leopard" gambling, did not expect the first time lost 10,000 yuan. He then paid $ 10,000 a day at the casino interest $ 300 borrowed "rescue company" 120,000 yuan to continue gambling, gambled away all these money. To further usury and win back their money in less than six months time, Zhang Feijiang actually 2.97 million yuan misappropriation of company money for gambling concrete, and all lost. September 21, Luzhou Longmatan embezzlement District Procuratorate approved the arrest of Zhang Feijiang. (Yande Liang Li Tiao)<br> <br> Share: welcome to comment I want to comment<br> Microblogging Recommended | today's hot microblogging<br>

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