Job Recruitment Website - Immigration policy - Hello, we are part-time workers. We have discussed with more than 10 brothers in the village that each of us will get 10,000 yuan to pool together. If the brother wants to start a business, he can use
Hello, we are part-time workers. We have discussed with more than 10 brothers in the village that each of us will get 10,000 yuan to pool together. If the brother wants to start a business, he can use
Not necessarily. It depends on your specific behavior. I will quote the Baidu Encyclopedia entry. However, due to the word limit, I cannot quote the entire article. Please go to the Encyclopedia and read it several times. But now, the financing of entity enterprises that illegally raise funds is legal but illegal, that is, actively borrowing money from retail investors at high interest rates, without causing losses to retail investors, and will not be held accountable.
Illegal fund-raising:
According to the "Notice on Relevant Issues in Banning Illegal Financial Institutions and Illegal Financial Business Activities", illegal fund-raising refers to the failure of units or individuals to pass relevant procedures in accordance with legal procedures. With the approval of the department, raise funds from the public by issuing stocks, bonds, lottery tickets, investment fund securities or other debt certificates, and promise to repay the principal and interest or provide returns to the investors in currency, kind or other means within a certain period of time Behavior. In order to punish illegal fund-raising criminal activities such as illegal absorption of public deposits and fund-raising fraud in accordance with the law, the Supreme People's Court, together with the China Banking Regulatory Commission and other relevant units, studied and formulated the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising", which The judicial interpretation will come into effect on January 4, 2011.
Illegal fund-raising is fund-raising that has not been approved by the relevant departments in accordance with the law, including approval by departments without approval authority; departments with approval authority exceed their authority to approve fund-raising, that is, the fund-raiser does not have the qualifications to raise funds and promises to do so within a certain period of time. Repay principal and interest to investors within the period. In addition to the main form of principal and interest repayment, there are also physical forms and other forms; funds are raised from unspecified objects in society. The "unspecific objects" here refer to the general public, rather than a specific few people; the legal form is used to conceal the essence of illegal fund-raising. Some leaders set up a platform for illegal fundraisers to collect money, and some officials and government departments cheered and even participated in sharing the profits. The two sides cooperated with each other tacitly, and the masses were deceived out of all their money in the blink of an eye. Why can such stories be repeated again and again without success? Faced with the "chorus" of illegal fund-raising between certain officials and illegal fund-raising enterprises, it is really difficult to say that it is the latter who "drew the former into the water", and it is difficult to say that the former is just "unintentional" "Time" was reduced to "living props" and became "accomplices". Public security and judicial organs severely crack down on illegal fund-raising activities in accordance with the law, and must not let go of these ambiguous "living prop officials". As long as they participate in the "performance" of illegal fund-raising, whether they only collect appearance fees, or there will be further steps to follow. All operations must bear party and government disciplinary responsibilities and legal responsibilities for this.
Edit the characteristics of fund-raising in this paragraph
1. Fund-raising without the legal approval of relevant departments, including fund-raising approved by departments without approval authority; fund-raising by departments with approval authority exceeding their authority to approve fund-raising, that is, fund-raising Those who do not have the qualifications to raise funds
2. Commit to repay principal and interest to investors within a certain period of time. In addition to the main form of principal and interest repayment, there are also physical forms and other forms.
3. Raise funds from unspecified social objects. The "unspecific objects" here refer to the general public, rather than to a specific few people.
4. Use legal forms to conceal the essence of illegal fund-raising. In order to conceal their illegal purposes, criminals often sign contracts with investors (victims) and disguise them as normal production and business activities to maximize their ultimate goal of defrauding funds.
Three new features
Among the 13 suspected illegal fund-raising cases in Hebei, all of them adopted the form of direct absorption of public deposits or fund-raising fraud, which can be roughly divided into debt, equity, and commodity The four major categories of marketing, production and operation have three new characteristics:
First, the methods of illegal fund-raising are diverse. Criminals mostly register legal companies or enterprises under the guise of responding to national industrial policies and supporting
illegally raising nearly 3 billion yuan in the former chairman of Donghua
new rural construction. Traditional planting and breeding have been transformed into engineering projects, technological development, investment and equity, and consumption rebates.
Second, a variety of criminal behaviors are intertwined. Criminals intertwined illegal fund-raising with economic crimes such as pyramid schemes and contract fraud. They used pyramid schemes to first brainwash fund-raisers, promising various preferential conditions and profit models, and then lured them to raise funds, trapping them layer by layer. Generally, in the early stage of fund-raising, criminals often actively "fulfill" the promise of returns, defraud trust, attract more people to actively join, and the scale of fund-raising quickly increases exponentially.
The third is to illegally raise funds for publicity at all costs and use the media to build momentum. For example, hiring celebrities to speak for themselves, publishing exclusive interviews and articles in some media, and using reports to promote the "performance" of illegal enterprises; investing part of the illegally raised funds into public welfare undertakings or making donations; hiring salesmen to go into the community to distribute leaflets and disseminate fund-raising information; holding various Such activities are carried out and the dividends are cashed out on site, so that participants can taste the benefits first and promote "experience stories" for illegal fund-raising activities.
Edit this paragraph identification method
Illegal fund-raising comes in various forms, and is increasingly concealed and deceptive. Relevant departments recommend how to identify and prevent illegal fund-raising:
< p>1. Recognize the nature and harm of illegal fund-raising, improve identification capabilities, and consciously resist various temptations.Believe that "pie in the sky will never fall", conduct a calm analysis of investment projects with "high returns" and "get rich quick" to avoid being deceived.
2. To correctly identify illegal fund-raising activities, it mainly depends on whether the qualifications of the subject are legal and whether the fund-raising activities they engage in have obtained relevant approvals; whether they are raising funds from unspecified objects in society; whether they have promised returns, and whether they are illegally raising funds. The behavior generally has the characteristics of promising a certain percentage of fund-raising returns; whether the nature of illegal fund-raising is concealed in a legal form.
3. Enhance the awareness of rational investment. High returns are often accompanied by high risks, and irregular economic activities contain huge risks. Therefore, we must enhance our awareness of rational investment and protect our own rights and interests in accordance with the law.
4. Enhance the awareness of taking risks when participating in illegal fund-raising. Illegal fund-raising is illegal, and the funds and related interests invested by participants in illegal fund-raising are not protected by law. Therefore, when some units or individuals sell high-interest deposits, stocks, bonds, funds and development projects with high investment returns, they must be carefully identified and invest cautiously.
Edit the relevant categories of this paragraph
According to the "Notice on Further Combating Illegal Fund-raising and Other Activities" (Yinfa [1999]
Carry out prevention of illegal fund-raising
According to the relevant provisions of No. 289), "illegal fund-raising" can be summarized into the following categories:
(1) Absorbing funds through the issuance of securities, membership cards or debt certificates, etc.
⊙The more common ones are: illegal fund-raising in the name of issuing or disguised issuance of rights certificates such as stocks, bonds, lottery tickets, investment funds, etc. or in the name of futures trading and pawns. Illegal fund-raising through claiming shares, dividends from shares, entrusted investment, and entrusted financial management. Illegal fundraising is carried out through membership cards, membership certificates, seat certificates, discount cards, consumption cards, etc.
(2) Divide properties, real estate and other assets into equal parts, and raise funds at high interest rates by selling the disposal rights of their shares.
⊙The latest change is: illegal fund-raising by selling its shares and promising post-sale leaseback, post-sale repurchase, regular rebates, etc.
(3) Use private associations to illegally raise funds.
⊙ Recent changes: The use of underground banks for fund-raising activities.
(4) Illegal fund-raising in the form of signing economic contracts such as product distribution.
⊙Common ones are: illegal fund-raising through product sales and leaseback, repurchase and transfer, member development, merchant franchise and "quick points method".
(5) Raising funds by issuing or disguising lottery tickets;
(6) Using pyramid schemes or secret connections to illegally raise funds;
(7) Illegal fundraising in the form of orchard or estate development.
⊙For example, illegally raising funds in the name of planting, breeding, project development, manor development, ecological and environmental protection investment, etc.
(8) Use "virtual" products constructed with modern electronic network technology, such as "electronic shops" and "electronic department stores" to invest in entrusted operations, repurchase at maturity, etc. to conduct illegal fund-raising.
(9) Use the Internet to set up investment funds to illegally raise funds;
(10) Use "electronic gold investment" to illegally raise funds.
Edit the specific methods of this paragraph
(1) Promise high returns and fabricate the myth of "pie in the sky" and "become a rich man overnight". The lure of huge profits is the only way for all fraud criminals to deceive the public. In order to attract more people, criminals often promise investors high returns in the form of rewards, points rebates, etc. In order to defraud more people to participate in fund-raising, illegal fund-raisers first cash in the principal and interest of early investors on time and in full, and then use the funds of later fund-raisers to cash in the previous principal and interest. After reaching a certain scale, He transferred the funds secretly and absconded with the money.
(2) Fabricate false projects or enter into trap contracts to trick the masses into the quagmire step by step. Criminals defraud people's funds in the name of planting cactus, spirulina, aloe, dragon fruit, cordyceps, breeding ants, black guinea pigs, sika deer, poultry recycling, etc.; some use the name of developing so-called high-tech products to absorb public deposits; some They fabricate false projects such as afforestation and fund-raising for building houses to deceive the masses into "investing in shares"; some promise high fixed incomes to absorb public deposits by renting back shops.
(3) Confusing the concept of investment and financial management, causing the public to lose judgment in front of dazzling new terms. Some criminals use new terms such as electronic gold, investment funds, and online foreign exchange speculation to confuse the public, pretending to be new investment tools or financial products; some use new business operations such as monopoly, agency, franchise chain, consumer value-added rebate, and e-commerce. way to deceive the public into investing.
(4) Decorate the appearance and use the appearance of legality or celebrity effect to deceive the trust of the public. In order to give their criminal activities a legal appearance, criminals often set up companies and go through complete industrial and commercial licenses, tax registration and other procedures to conceal their illegal purposes without having actual operations or investment projects. These companies rent office space in luxury office buildings, hire celebrities for advertising, and increase publicity
illegally raise funds across provinces
to defraud the public's trust.
(5) Use the Internet to commit crimes and evade attack through virtual space.
Criminals rent overseas servers to set up websites or locate them in other places. They usually use code names or screen names to attract people. Some also use online platforms such as websites, blogs, forums, and instant messaging tools such as QQ and MSN to spread false information and deceive the public. Once they are investigated, they will quickly close the website and abscond with the money in the name of offline operations not following the rules. Before absconding, he also issued a so-called notice, asking offline personnel to remember their performance and promising to return rebates in the future, in order to stabilize the defrauded people.
(6) Use mental, physical coercion or family deception to continuously expand the number of victims. Many illegal fund-raising participants participate under the low-risk, high-reward persuasion of relatives and friends. Criminals often use relationships with relatives, friends, fellow villagers, etc. to lure them with high interest rates to illegally obtain funds. Some MLM personnel who have already joined, under the mental brainwashing or physical coercion of the MLM organization, in order to complete or increase their performance, do not hesitate to use family and geographical relationships to attract relatives, friends, classmates or neighbors to join. Some even involve their parents, spouses and children. They don't let go, causing family estrangement and human tragedy.
Main means
1. Illegal issuance of securities. The People's Bank of China's "Implementation Plan for Rectifying the Arbitrary Fund Raising, the Establishment of Financial Institutions and the Arrogant Conduct of Financial Business" (July 29, 1998) stipulates: "Enterprises that raise funds for a fee through the public issuance of stocks, corporate bonds, etc. must comply with relevant laws and regulations. The provisions of administrative regulations shall be subject to the approval of the competent department of the State Council. "It also stipulates: "No unauthorized breakthroughs in the issuance plan shall be made without approval, and no unauthorized issuance of bonds shall be established or approved. Any violation of the regulations shall be followed in accordance with the "Enterprise Bond Management Regulations." "If the above-mentioned "Implementation Plan" is strictly interpreted, the operation of housing mortgage securities in my country at this stage, before clear and specific regulations are promulgated, is likely to be regarded as suspected of illegal fund-raising by the relevant departments. For another example, on October 6, 1998, the China Securities Regulatory Commission's "Notice on Investigating the Restructuring Situations of Companies to be Issued and Listed" stipulated the "reform first and then issue" rule. The company's behavior is also suspected of illegal fund-raising.
2. Illegal issuance of debt certificates to unspecified objects in society. This is a relatively common type of illegal fund-raising cases. Illegal fund-raisers mainly raise funds by issuing debt certificates to unspecified objects in society and promising to pay high returns when due.
3. Illegal issuance of membership cards and certificates. After the "Notice of the General Office of the State Council on Immediately Stopping Illegal Fund-raising and Other Activities by Issuing Membership Cards" was issued on April 22, 1993, the law stipulated that all forms of membership card issuance were illegal fund-raising until November 11, 1998. After the People's Bank of China and the State Administration for Industry and Commerce issued the "Trial Measures for the Management of Membership Cards" stipulating the approval procedures for the issuance and transaction of membership cards, the issuance of membership cards that undergoes the approval procedures in accordance with the "Trial Measures" will not be considered illegal fund-raising.
Illegal fund-raising cases in northern Anhui frequently yield high returns
4. Divide properties, real estate and other assets into equal parts and sell the right to dispose of shares. The Ministry of Construction's "Notice on Not Issuing a "House Ownership Certificate" for One Square Meter Unit Property Rights" ((94) Construction Management No. 09) stipulates that the real estate property rights management department and real estate development company's behavior of issuing a one square meter property rights certificate, Violation of my country's fund-raising laws constitutes illegal fund-raising. Article 12 of the 2001 "Measures for the Administration of Sales of Commercial Housing" clearly stipulates: "Commercial housing is sold by units and shall not be divided and sold in pieces."
5. Use the form of private associations to illegally raise funds. If the establishment of foundations, mutual aid associations, savings associations, rural disaster relief and poverty alleviation savings associations, "standard associations", etc. are not approved in accordance with legal provisions to illegally raise funds or absorb deposits in disguised form, the People's Bank of China's "Rectifying Unregulated Fund-raising and Arbitrary Establishment" The "Implementation Plan for Financial Institutions and Unruly Financial Business" stipulates clear approval procedures and business license scope.
6. Illegal fund-raising in the form of signing economic contracts such as product distribution. For example, Henan Baihua Group illegally raised funds by signing a "chain marketing agreement" with the public, and real estate developers illegally raised funds through return-of-cost sales in commercial housing sales.
7. Raise funds by issuing private lottery tickets or issuing lottery tickets in disguise. The "Notice of the State Council on Strengthening Lottery Market Management" (December 9, 1991) stipulates: "The approval power for the issuance of lotteries is concentrated in the State Council. The people's governments of provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning and relevant departments of the State Council that need to issue lotteries, The issuance plan and issuance methods should be submitted to the People's Bank of China six months in advance, and after review by the People's Bank of China, they should be submitted to the State Council for approval. "The People's Bank of China's "Notice on Strengthening Lottery Market Management" (January 25, 1999) stipulates that subordinate behaviors are. Illegal fund-raising: “(1) Disguised issuance of lottery tickets in the name of prize sales; (2) Private issuance and sale of lottery tickets without authorization; (3) Issuing overseas lottery tickets within the country; (4) Issuing lottery tickets in the form of pyramid schemes. ”
8. Use pyramid schemes or secret connections to illegally raise funds.
The "Notice of the State Council on Prohibiting MLM Business Activities" (Guofa [1998] No. 10) clearly prohibits enterprises from adopting pyramid schemes, and also expressly prohibits the following disguised pyramid schemes: "(1) Transferring pyramid schemes from public to underground; (2) ) Carry out pyramid schemes in the form of win-win system, computer network, frame marketing, etc.; (3) Carry out disguised pyramid schemes under the guise of monopoly, agency, franchising, direct sales, chain stores, online sales, etc.; (4) Use membership cards, savings Using cards, lottery tickets, vocational training and other means to conduct pyramid schemes and disguised pyramid schemes to defraud membership fees, franchise fees, license fees, and training fees; (5) Other pyramid schemes and disguised pyramid schemes,” State Administration for Industry and Commerce, Ministry of Public Security, and People’s Bank of China 2000. On February 17, 2017, the "Opinions on Strictly Combating MLM and Disguised MLM and Other Illegal Business Activities" was issued, which clearly identified several disguised pyramid schemes as illegal business activities.
Illegal fund-raising by leather companies
9. Illegal fund-raising in the form of orchard or manor development. Around 1998, illegal fund-raising occurred in some areas in the name of developing "orchards" and "manors." For example, an orchard development company illegally raised funds by advertising that "as long as you invest 7,800 yuan, you will have a private orchard for 50 years and 33 longan trees." In response to the above illegal phenomena, the General Office of the State Council issued the "Notice on Strengthening the Management of Land Transfers and Strictly Prohibiting Land Speculation" (Guobanfa [1999] No. 39), which explicitly prohibits the use of land development for illegal fund-raising, and stipulates: "Land used for agricultural and forestry development must be in accordance with the law. Carry out land registration, clarify planning requirements and restrictions on transfer and sublease, and do not divide, transfer, or sublease without approval. "On strengthening credit management of agricultural and forestry development projects, the People's Bank of China strictly prohibits the illegal use of land development and land transfer." "Notice on Fund Raising" (Yinfa [1999] No. 254) also has relevant prohibitive provisions.
The above are several types of illegal fund-raising cases explicitly summarized in the People's Bank of China's "Notice on Further Cracking Down on Illegal Fund-raising and Other Activities" (Yinfa (1999) No. 289).
11. Education reserve fund. In the previous stage, a large number of private schools in various places adopted the education reserve fund education charging method, which required students (families) to pay a large sum of money (100,000 to 300,000) in one go, called the "education reserve fund". The school also promised students There is no need to pay other fees while in school, and the "education reserve fund" paid can be returned in full when students leave school. As cases in Panyu, Hunan, Wuhan and other places where huge amounts of education reserves failed to be returned to students’ parents occurred, local governments issued policies prohibiting private schools from collecting any form of education reserves, such as the Guangdong Education Policy of the Guangdong Provincial Department of Education (1999) Document No. 2, etc. Prior to this, Article 9 of the "Regulations on Resolutely Suppressing Arbitrary Fees in Primary and Secondary Schools" issued by the State Education Commission on May 3, 1991 stated: "The principles of voluntariness, ability and benefit to the masses should be implemented in raising funds to run schools, and in accordance with the relevant regulations of the local people's government. Regulations are carried out. Primary and secondary schools are not allowed to impose fees on the masses and society on their own, nor are they allowed to collect fees from students. "Article 37 of the "Private Education Promotion Law" stipulates: "Private schools charge fees to those who receive academic education. The fees and standards shall be formulated by the school and reported to relevant departments for approval and publicized; the items and standards for charging other educated persons shall be formulated by the school and reported to relevant departments for filing and publicized. Fees collected by private schools shall be mainly used for education and teaching activities and improvement of school running. "Conditions." Therefore, if a private school collects education reserves from parents without approval from relevant departments and public announcement, it should be deemed as illegal fund-raising.
12. Local government issues or disguises the issuance of local government debt. Article 28 of the "Budget Law" clearly stipulates: "Except as otherwise provided by law and the State Council, local governments may not issue local government bonds." Therefore, the above-mentioned illegal fund-raising behaviors are clearly prohibited in the "Implementation Plan for Rectifying the Unauthorized Fund-raising, the Establishment of Financial Institutions and the Unruly Conduct of Financial Business". 13. Engage in illegal fund-raising in the name of “investment promotion”. The State Administration for Industry and Commerce’s “Emergency Notice on Investigating and Punishing Issues Related to the Illegal Fund-raising by Enterprises in the Name of Investment Promotion” (Gongshangqizi [1998] No. 272) stipulates that enterprises should resolutely investigate and deal with illegal fund-raising in the name of “investment invitation” and stipulates: “All levels The industrial and commercial administration authorities must strictly determine the business scope of enterprises in accordance with regulations, and shall not approve "investment invitation" and similar non-standard terms. "
Illegal securities
In order to expose illegal fund-raising to the society and the people. harm caused by the masses, guide the masses to enhance their legal awareness, risk awareness and identification capabilities, effectively curb illegal fund-raising criminal activities, and maintain social stability. At present, illegal securities activities mainly refer to illegal stock issuance and illegal securities business operations. Illegal stock issuance refers to the unauthorized and disguised public issuance of stocks without the approval of the securities regulatory authorities. Unauthorized public issuance of stocks refers to the issuance of stocks to unspecified objects or the issuance of stocks to specific objects without the approval of the China Securities Regulatory Commission in accordance with the law. The total number of shareholders exceeds 200. Disguised public issuance of stocks refers to the issuance of stocks to the public through public means such as advertisements, announcements, phone calls, letters, etc. or through disguised public means without the approval of the China Securities Regulatory Commission in accordance with the law, and the company's shareholders themselves or entrust others to transfer stocks to the public in a public way. behavior. If the stock is transferred to a specific object, without the approval of the China Securities Regulatory Commission, the number of shareholders of the company shall not exceed 200 after the stock transfer. Violation of this legal provision is also a disguised issuance of stock.
Illegal securities business refers to securities underwriting, brokerage (agency trading), securities investment consulting and other securities businesses conducted by institutions and individuals without the approval of the China Securities Regulatory Commission. The main forms of illegal securities activities include: luring the public to purchase so-called original stocks or various fund shares, falsely claiming that these securities will be listed on domestic and overseas stock exchanges; peddling so-called original stocks or fund shares; using so-called investment consulting agencies and property rights brokers Companies, representative offices of foreign investment companies in China, and even equity exchanges and stock exchanges, without the approval of the China Securities Regulatory Commission, illegally promote to the public or act as agents to buy and sell unlisted company stocks; use high returns as bait to invest in securities. In the name of defrauding people of their money.
A female boss in Lishui, Zhejiang illegally raised 700 million yuan
The public can identify illegal securities activities from two aspects: First, identify it from the way securities are issued, whether it is equity (stock), Whether it is a bond or a fund, the issuance method adopts the public issuance method mentioned above. If this method is adopted, it depends on whether it has obtained relevant approval from the relevant state departments to determine whether it is an illegal act. The second is to identify the intermediaries that issue securities and see whether the intermediaries have obtained approval from the China Securities Regulatory Commission to engage in securities underwriting and agency trading activities. If not, it can be determined to be an illegal securities business. According to the Securities Law, stocks, corporate bonds and other securities publicly issued in accordance with the law shall be listed and traded on stock exchanges established in accordance with the law or transferred in other securities trading venues approved by the State Council. Those so-called "original stocks", "stocks to be listed overseas" and "Jinhui Funds", "Swiss Funds", "Gold Finger Funds", etc. are completely scams. Investors must have a sense of self-protection. Don't take chances.
Managed afforestation
"Managed afforestation" is a phenomenon that has emerged in the past two or three years. Its basic operation method is generally to obtain forest land use rights and forest tree ownership through leasing, contracting or other means. It is then transferred to retail investors, who then entrust the forestry land and trees to the company for management. This business model that integrates transfer and custody is extremely risky. At present, it has been exposed that some companies have illegal behaviors in their operations and have caused great economic losses to investors. These "managed afforestation" companies mainly use the following deceptive methods:
First, they give the company a legal appearance and generally vigorously promote the "managed afforestation" model as a response to the spirit of the Central Committee's No. 9 Document and as a national encouragement The new model of social entities participating in forestry construction and investment deceives investors. The second is to use forest rights certificates as a guise to gain the trust of investors. "Managed afforestation" companies promise to transfer or help investors to apply for forest rights certificates uniformly printed by the State Forestry Administration after purchasing forest trees, making investors believe that the trees are real and their rights and interests are guaranteed, but the actual situation is not the case. The third is to exaggerate forest growth and forestry investment return rate. Most of the "managed afforestation" companies promise a high return on investment or a high yield of materials in their publicity, and even advertise that there is zero risk in investing in forestry. In fact, the growth of forest trees is affected by many factors such as natural conditions, species selection, management measures, and natural disasters. In its propaganda, the "managed afforestation" company conceals the risks involved in investing in forestry from investors. Fourth, it promises to have a professional management and maintenance team and mechanical equipment to carefully manage and protect the forests purchased by investors. In fact, it is difficult to supervise whether this commitment is fulfilled. Some companies do not have so-called professional management and protection teams at all, nor do they implement normal forest management and management and protection measures, and the growth conditions of the trees are also very poor. The fifth is to publicize that forest harvesting is not controlled by harvesting quota indicators. This is seriously inconsistent with the provisions of current laws and regulations. The "Forest Law" stipulates that, except for rural residents who log private plots and scattered trees owned by individuals in front of and behind their houses, they must apply for a logging license to log trees and carry out logging according to the area, number of plants, tree species, time limit, and logging methods specified in the license. However, some "managed afforestation" companies use the excuse of "whoever builds it owns it" to claim that the parties involved can log it if they want, which is actually deceiving investors. The sixth is to dress up the company's business image and win the favor of investors: rent high-end office buildings in important commercial locations as the company's business premises to create an image of business strength; claim to have a group of experienced professional and technical managers to create professionalism; Establish various types of supervisory committees, etc., to reflect investors' supervision rights over the company. In fact, this is part of the scam.
Wu Zhenhai, a representative of the People’s Congress in Shangqiu, Henan, illegally raised 610 million yuan
The "Forest Law" stipulates that timber forests, economic forests, firewood forests and their forest land use rights, and the logging areas of timber forests, economic forests, and firewood forests , forest land use rights in fire-scarred areas, and other forests, forest trees and other woodland use rights stipulated by the State Council may be transferred in accordance with the law. Apart from this, the rights to use other forests, forest trees and other forest lands shall not be transferred. At present, the country has not formulated specific transfer methods. Some provinces have formulated local regulations and transfers can be carried out in accordance with local regulations. The state respects the business objectives of forest managers and protects their legitimate rights and interests, but it has specific legal and policy provisions on forest harvesting. According to the provisions of the "Forest Law", logging is strictly prohibited in forests of scenic spots and historic sites, revolutionary memorial sites, and forests in nature reserves in special-purpose forests; except for rural residents logging private plots and scattered trees owned by individuals in front of and behind their houses, logging is prohibited. You must apply for a logging license and harvest according to the provisions of the license.
In accordance with the provisions of the "Forest Law" and its implementation regulations, those who apply to harvest trees must submit to the local forestry authorities at or above the county level, including the purpose, location, forest species, forest conditions, area, accumulation, methods and renewal measures of logging, etc. The application documents shall be reviewed and issued by the forestry authorities at or above the county level in accordance with the statutory licensing authority and within the approved logging quota and annual timber production plan.
Return Bait
The ever-changing baits for illegal fund-raising are all "high returns". Although illegal fund-raising crimes have been repeatedly cracked down by judicial authorities, there have been many such cases in recent years. , and even intensified in some places. During the follow-up investigation, the reporter found that illegal fund-raising crimes are currently showing four characteristics, which urgently require the attention and prevention of all parties. There are currently many illegal fund-raising activities in some places. Taking Liaoning as an example, there are those who plant trees, raise ants, geese, and sell food on a consignment basis, as well as those who invest in port construction, oil development, and beer production lines. The most common feature of these illegal fund-raising activities is "high returns." As bait, through media advertising and using relatives and friends to encourage each other, it is highly concealed, disguised and deceptive. This type of illegal and criminal activities is specifically characterized by the following four characteristics:
First, it is more disguised and deceptive. The suspects in illegal fund-raising crimes not only have the identity of legally registered companies and legal representatives, but also deliberately take advantage of national industrial policies and economic revitalization situations to cleverly disguise and intensify speculation. Some even set up relevant state offices without authorization, using the guise of scientific research units to "raise the banner and make tiger skins."
Second, criminal organizations have become more sophisticated. At present, there is a trend of merging fund-raising fraud, the crime of illegally absorbing public deposits, and illegal pyramid schemes. The main planners are behind the scenes, or remotely direct from other places, setting up several branches in the same area or different areas, and then temporarily hiring idle people from society to carry out propaganda. and development “offline.” Most of the heads of branch offices are those who profited from early investment. The remuneration of key members is proportional to the amount of funds raised. There are layers of fraud and layers of control.
Third, the investor base continues to expand. The victims of fund-raising fraud cases are mostly laid-off workers in cities, employees with long-term buyouts, farmers in wealthier areas, and idle people in society. However, there is currently a trend of expansion to college students, urban white-collar workers, individual business owners, etc.
Fourth, crimes committed in remote places are prominent. Fund-raising fraud activities have the characteristics of cross-regional and even transnational crimes. Funds flow and transfer very quickly, causing great impact and damage, which is not conducive to investigation and prosecution.
Leadership props
Why did leading cadres become "living props" for illegal fund-raising? During the investigation, the public security organs found that for some time, when some companies suspected of illegal fund-raising were established, some Officials sit on the rostrum; during corporate anniversaries, some officials come to the meeting to talk. Photos of officials and business owners adorn the walls of these corporate offices, and photos of official inspections occupy the most prominent positions in corporate brochures. There are various indications that there is an extraordinary interest relationship between these officials and the enterprises that illegally raise funds. Xinhua News Agency published a commentary titled "Leading Cadres Beware of Becoming "Living Props" for Illegal Fund-raising", which stated that "a small number of leading cadres have been reduced to 'living props' and 'advertisements' for illegal fund-raising, exposing many flaws in their ideological and work styles. "Although the vast majority of leading cadres unintentionally serve as 'living props' for illegal fund-raising, their huge advertising effect is exactly what these scam companies dream of, and it objectively plays a very misleading role." Calling these officials who are fighting fiercely against illegal fund-raising enterprises "living props" does not frame or disparage them at all.
Such "living props" are far from unique to Anhui, and are often seen in other places. Moreover, some officials do not "unintentionally" act as "props" for illegal fund-raising enterprises - since they are local Officials, no matter in terms of their status, knowledge, or ability to obtain information and use resources, are not "imbecile" who are easily deceived. Therefore, they will not go into battle shirtless and shout for these companies for no reason. They must also have a clear awareness of the advertising role they can play for enterprises; the great misleading effect they play on the masses and society is often not just objective
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