Punish financial crimes according to law and safeguard the country's financial security and stability
2022-09-23
"People's courts punished financial crimes in accordance with the law, maintained financial management order and national financial security and stability, and ensured stable and healthy economic and social development. From 2017 to August 2022, courts across the country concluded 117100 criminal cases in the first instance of crimes against financial management order and financial fraud, and 186300 defendants were sentenced to punishment." On September 22, the Supreme People's Court held the fourth press conference of the "People's Court's Decade" to release the work of the People's Court in punishing financial crimes according to law and typical cases. Ma Yan, President of the Third Criminal Division of the Supreme People's Court, Zhu Erjun, Vice President, and Chen Xueyong, Senior Judge of the Second Rank, attended the press conference and answered questions from reporters. The press conference was chaired by Li Guangyu, spokesman of the Supreme People's Court. We will severely punish the crime of illegal fund-raising, guard the people's "purse" of illegal fund-raising criminal cases, involve huge amounts of money, involve many fund-raising participants, seriously undermine the financial management order, and endanger the national financial security. Ma Yan pointed out that the People's Court attached great importance to preventing and combating illegal fund-raising, constantly improved judicial interpretation and judicial policies, and punished illegal fund-raising crimes according to law, which achieved important results. From 2017 to August 2022, courts across the country concluded 60200 criminal cases of illegal fund-raising in the first instance, 108700 people. A number of major illegal fund-raising cases, such as "e-Rent Treasure" in Beijing, "Kunming Pan Asia", "Qianbao" in Jiangsu, and "Fuxing" in Shanghai, have been tried and handled successively. "We have always adhered to the principle of strict punishment. Those who have been sentenced severely will be sentenced severely in accordance with the law. The average severe punishment rate in criminal cases of illegal fund-raising is 19.99%, including 78.78% in fund-raising fraud cases, which is far higher than the average severe punishment rate in criminal cases." Ma Yan said. In handling cases, the people's courts have made full use of property punishment in accordance with the law, increased the punishment and enforcement of property punishment, and severely punished criminals economically. Explore and promote the establishment of a diversified disposal mechanism for assets involved in illegal fund-raising cases, recover stolen goods and recover losses to the maximum extent, and minimize the losses of fund-raising participants. In order to punish the crime of illegal fund-raising according to law, the Supreme People's Court formulates and jointly formulates judicial interpretations and judicial policies with relevant departments. In March 2022, the Supreme People's Court adjusted and improved the conviction and punishment standards for criminal cases of illegal fund-raising, increased new forms of illegal fund absorption, and provided a basis for punishing illegal fund-raising crimes in P2P, virtual currency, elderly care and other fields according to law. We will severely punish securities and futures crimes and maintain the health and stability of the capital market. "Criminal activities such as manipulation of securities and futures markets not only seriously undermine the management order of securities and futures markets, but also seriously damage the legitimate rights and interests of investors." Ma Yan said that the courts across the country resolutely implemented the requirement of "zero tolerance" and concluded 229 criminal cases involving manipulation of the securities and futures markets, insider trading, and trading with unpublished information in the first instance over the past five years. A number of major securities and futures crime cases, such as "Xuxiang Manipulation of the Securities Market", "Easton Manipulation of the Futures Market" and "Yuanda Petrochemical Manipulation of the Futures Market", were heard in accordance with the law, effectively deterring crimes. The Supreme People's Court, together with the Supreme People's Procuratorate, unified the standards for the application of the law, and promptly introduced some new types of manipulation of securities
Edit：sishi Responsible editor：xingyong
Source：http://rmfyb.chinacourt.org/paper/html/
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