Wan Jian Han Ban Zi ﹝ two thousand and eighteen ﹞ ten number

The First Session of the 12th CPPCC Anhui Provincial Committee

Section 0646 Reply to Proposal No

The Provincial Public Security Department:

Our company's reply to the proposal of Ji Jingwang, member of the CPPCC Provincial Committee, on cracking down on illegal and criminal acts in private lending is as follows:

First, we will continue to intensify efforts to crack down on illegal fund-raising activities such as illegal absorption of public deposits. For such crimes, two thousand and fourteen year twelve month thirty-one Led by the provincial procuratorate, the provincial public procuratorate and legal department released the Minutes of the Symposium on Handling Criminal Cases such as Contract Fraud (Anhui Procuratorate 2014-16 No.); two thousand and fifteen year nine month sixteen On October, led by the Provincial High Court, the Provincial Procuratorate and the Judicial Yuan issued the Opinions on Several Issues Concerning Handling Criminal Cases of Illegal Fund Raising. The two documents clarify the controversial issues in handling illegal fund-raising cases such as illegal absorption of public deposits in practice, which has a certain role in promoting the fight against such crimes. However, in recent years, with the rapid development of Internet finance, such crimes have undergone new changes. We attach great importance to this, cooperate with the public security and the court to do a good job in relevant work, constantly improve the ability of evidence review and clue discovery in the process of arrest and prosecution, and severely crack down on acts involving usurious lending, illegal debt collection, illegal fund-raising and other acts, as well as derivative acts that obtain benefits by illegal means, suspected of committing crimes, and continue to maintain a high-pressure situation. two thousand and thirteen year one Month to two thousand and seventeen year twelve In July, the procuratorial organs of the whole province prosecuted public related economic crimes such as fund-raising fraud, illegal absorption of public deposits, and pyramid selling three thousand seven hundred and forty-five People.

The second is to combine the crackdown on "routine loans" and "student loans" with the special fight against crime to form a joint force. "Routine loans" and "student loans" themselves are difficult to deal with as crimes, and most of the criminal acts occur behind the behavior or in the subsequent derivative stage, often involving extortion, fraud, illegal detention, affray, provocation and other crimes. Among them, the provincial procuratorate and court have issued relevant regulations on the amount of extortion and fraud, which can be followed in practice. The difficulty lies in the discovery and evidence collection of crimes behind "routine loans" and "student loans". We have noticed that the Criminal Police Corps of the Provincial Public Security Department recently issued the Notice on Cracking Down on Illegal and Criminal Activities of Routine Loans in accordance with the Law in the Special Fight against Mafia and Evil, and we believe that this activity is carried out accurately and timely. In this regard, we will actively do a good job in the link between arrest and prosecution, and work hard to form a joint force to combat crime in combination with the special fight against organized crime at this stage. In the near future, joint discussions will be carried out on this work, and efforts will be made to form a long-term mechanism to combat routine lending and other behaviors.

Third, pay attention to the role of administrative supervision in finance, market and public security. "Routine loan", "student loan", "credit loan" and other behaviors are made through small loan companies or guarantee companies, and there are also a large number of enterprises and individuals who engage in the above behaviors without approval. In this regard, it is suggested that the financial management office, the industry and commerce bureau (market supervision and administration bureau), and the public security department of the public security organ should work together to crack down. Pay attention to administrative means, achieve careful examination and approval, early detection, strict management, give play to administrative supervision means, and strengthen daily management from the business license and qualification issuance of small loan companies to normal market supervision. For those who have obtained relevant financial business license to engage in illegal business, and for those companies or individuals who have not been approved to engage in the above lending business, the punishment will be increased. Give full play to the role of the public security supervision department in guiding, publicizing and punishing the behaviors that have minor violations but do not constitute crimes. Those suspected of crimes shall be promptly transferred to the judiciary for handling, and efforts shall be made to create a normal market financial order.

Fourth, pay attention to the role of civil trial in reviewing, guiding, supervising and discovering illegal acts. In the disputes over "routine loans", "student loans" and usurious loans, some of the offenders sought to obtain illegal interests by falsely increasing debts, creating bank running traces, wantonly identifying defaults, and false litigation. In this regard, the court should strengthen the role of review and guidance in civil proceedings, strictly review the evidence of acts involving student loans, credit loans, car loans, and usury loans, and carefully support the claims of lenders.

In addition, the civil administration department of the procuratorial organ will seriously treat the complaints of the parties in the supervision of effective civil judgments, and timely propose supervision and corrective measures for those who have complaints of false litigation, routine loans and usury. For suspected crimes, the clues shall be handed over to the public security organ in time, and the evidence of suspected false litigation and other criminal acts shall be obtained by virtue of the functional advantages of the public security organ. If crimes such as fraud and illegal absorption of public deposits are involved, give full play to the advantages of civil and commercial procurators in civil and commercial legal business, actively provide investigation suggestions, and guide public security organs to carry out investigation activities.

Handling type: B class

Contact unit: Anhui Provincial People's Procuratorate

contact number: 0551-63696410

Anhui Provincial People's Procuratorate

two thousand and eighteen year three month thirty-one day

Cc: Supervision Office of the Provincial People's Government, Office of the Proposal Committee of the CPPCC Provincial Committee