This can include acts of crime are many, is used to prevent the beginning of the legislation did not foresee the future occurrence of the behavior of seriously disturbed the market order. It has its own rationality, but its application should be reduced as far as the principle, or it will become a

application start handing out the case for retrial

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attorney

12 loan-sharking profits to more than 300 million

yesterday, Sichuan Criminal Lawyer Counsel to safety, said he had accepted He Youren's daughter The commission, for the crime of illegal business He Youren filed the complaint, the Sichuan Provincial High Court application to start the retrial of the case. In his view, He Youren's behavior is typical of private lending, adjust the scope of civil law. According to China's existing laws, did not prohibit private personal loans charge higher interest rates over the same period just over 4 times higher than bank interest income not subject to legal protection, but can not say that borrowing itself is a crime.

case playback

it should be clear criteria for how to take legal

Sichuan Academy of Social Sciences Law Institute researcher Huang Zeyong that civil case decision has social necessity, appear in today's environment is very exemplary.

news background

prohibits necessary. can have on. Wenzhou is now intensified by the

the first trial, He Youren appealed to Luzhou in the hospital. Recently, the Court made the final decision in Luzhou, maintained for He Youren committed the crime of illegal business and illegal detention decision. Luzhou Court that, He Youren violation of the State Council high-interest loans to target more than 600 million, seriously disrupted the market order, the circumstances are especially serious, have constituted the crime of illegal business should be within the range of 5 years in prison sentencing, and accordingly to maintain a first instance verdict.

China University of Politics and Criminal Law Professor, Ruan Qilin said that he engaged in the criminal law of the case for so many years, I heard the verdict from the country's first private personal loan creditors commit the crime of illegal business cases. And China's criminal law has been that between the individual citizen or even loan sharks do not lending to adjust the scope of criminal law, the case decision is questionable.

Luzhou, a sales manager Zhang Feijiang Concrete Engineering Co., Ltd. (a pseudonym), the Chinese New Year friends during the temptation, the idea of ​​holding to try his luck in He then ten thousand yuan a day in the casino to pay $ 300 in interest, by the In order to win back their money also usury and, in less than six months time, Zhang Feiqiang actually paid 2.97 million yuan misappropriation of concrete used for gambling, and all lost. September 21, Luzhou City, Rabbit Lake District Prosecutor's Office embezzlement approved Zhangfei Jiang to arrest. (Yande Liang Li Tiao)

■ Some experts believe that this case decision has social necessity, in today's environment becomes very exemplary; Some experts said the verdict is questionable

Luzhou in the hospital number (2011) Lu sentence final word Judgement No. 12 shows , 52-year-old, only primary cultures of Luzhou He Youren, because usury suspicion of illegal business, in March 23, 2010 under criminal detention. In the same year on December 24, Jiangxian Court of First Instance He Youren guilty of illegal business and sentenced to imprisonment for seven years and a half, and the confiscation of 500 million, the recovery of the illegal income of more than 300 million yuan. In addition, He Youren Wang and Lee on suspicion of stealing his things home, will the king ordered the high equality and Li detained in Hejiang a guesthouse, committed the crime of illegal detention, was sentenced to one year and a half, two 8 years imprisonment to run concurrently crime.

Upon inquiry,abercrombie and fitch fierce Female civil servants, the judgments cited in the means without the approval of People's Bank of China, engaging in the following activities: ... (c) illegal loans, apply for settlement, bill discounting, money lending,the north face fleece, trust and investment, financial leasing, financing guarantees,discount ugg boots Management Bureau Web site, con,north face, foreign exchange trading; ... p>

family view

support into the sentence:

According to the People's Bank of Wenzhou Sub-Branch has just released the Today, private lending legitimacy of trouble, eventually lead directly to private borrowers numerous sensitive nerve.

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personal release

■ Luzhou He Youren 12 due to usury, was sentenced to seven and a half years, with committing the crime of illegal detention, imprisonment for two crimes to run concurrently for eight years

Luzhou He Youren due to use personal funds to monthly interest rate of 2% to 20% interest loan to 12 600 million, has been in the hospital of Luzhou illegally sentenced to seven years and a half, and the confiscation of 500 million, the recovery of the illegal income of more than 300 million yuan. Currently, He Youren's complaint on behalf of the families have a lawyer to apply for retrial.

yesterday, Chengdu Chinese Commercial News reporters Zai Luzhou and Jian Daoliao He Youren's daughter how Joe. He Qiaojie Shao, the father after the accident, she returned to school in Chongqing, Luzhou, specifically dealing with his father's affairs. As his father's agent, she had to deal with many issues related to the closing of the accounts had received, and had to take the complaint.

Therefore, prohibition of The original intention to establish the crime of illegal business contains the crack down under a legal cloak, but seriously disrupt the market economic order, many social problems caused by the behavior. Therefore, in order to illegally sentenced He Youren other place

gambling misappropriated money owed loan sharks lost the bet 2.97 million yuan

what Joe said, many people are now out of the market to borrow money, and some even higher interest rates,herve leger cheap dresses, loan amounts are also great, but why people have nothing, to her father has to prison. If the parties concerned to give a standard, by what can only be of interest,ugg boots clearance, can only lend a few people, only by how much, the father may be right.

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Shing said, He Youren was previously a construction businessman Luzhou, now the court finds the illegal money lending all its own funds,abercrombie fitch sweaters, not to absorb other public deposits,abercrombie and fitch outlet Unlicensed motor vehi, no bank loans. Shing, said it is a very large private lending market, private funding of foreign lending a more than He Youren, if He Youren interest income is higher than the market price really, and that certainly no one asked him to take. Interest job is not to say criminal, low interest rates on lawful.

borrowings, was sentenced to illegal business, we have always thought that private loans between individuals is not to adjust the scope of criminal law. between private individuals borrowing against paid. Currently, private loan sharks are very common, as are by this idea, you basically will be identified as guilty of the crime of illegal business.

did not explicitly prohibit private individuals paid loan

Chengdu Chinese Commercial News reporters Li Ling and Peng Luzhou photo coverage

He Youren put Judgement on the case, experts are divided.

opposition into the criminal:

Wenzhou private lending funds of 110 billion yuan

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