Traditional Culture Encyclopedia - Traditional customs - What is the filing standard for economic crimes?
What is the filing standard for economic crimes?
2. Crime of illegally absorbing public deposits. Individuals illegally absorb or absorb public deposits in disguised form, the amount is more than 200,000 yuan, and the number of households that absorb public deposits reaches more than 30; The amount of public deposits illegally absorbed or disguised by the unit is more than 6.5438+0 million yuan, and the number of households that have absorbed public deposits has reached more than 654.38+050; You can file a case through investigation.
3. Duty corruption and bribery. State employees or employees of private companies or enterprises who use their powers and facilities to embezzle or misappropriate public funds, illegally extort other people's property or accept kickbacks privately, and the amount is more than 5,000 yuan, can file a case for prosecution.
4. favoritism. State-owned enterprises and business personnel use their powers to make illegal profits for relatives and friends. It caused economic losses of 654.38 million yuan to the country and helped relatives and friends make illegal profits of more than 200,000 yuan. Other circumstances that cause bankruptcy, suspension of business or production of relevant state-owned enterprises and units for more than six months, or revoke their licenses and business licenses, and cause great losses to national interests.
5. Producing and selling counterfeit goods. In the production and sales of goods, the amount can reach 50 thousand yuan.
6. The crime of selling, buying or transporting counterfeit money. Whoever intentionally makes counterfeit money, or knowingly uses it, and the total amount of counterfeit money is 4,000 yuan, and the number is more than 400 pieces, shall file a case for prosecution.
7. Bank loans are usurious. Borrowing loan funds from financial institutions and lending them to others at high interest rates, and the amount of illegal income is more than 654.38+10,000 yuan, will be filed; If you can't meet the above-mentioned amount standard, but you have been punished by the administration for lending at high interest rate for more than 2 times within two years, and you still won't change it after repeated education, you will also be prosecuted.
Extended data:
Economic crimes have the following characteristics:
1, greed. Most economic crimes are aimed at illegally seeking economic benefits. Criminals embezzle the property of the state, the collective and individual citizens by improper means for their own interests, which damages the interests of legitimate operators and undermines the normal operation order of the market economy.
2. legitimacy. Economic crime is a legal crime, that is, whether the behavior of the actor constitutes a crime is clearly stipulated by law. This is different from ordinary natural crimes, such as murder, rape, robbery, theft and other traditional crimes.
It is obviously antisocial, and people can easily judge it by social common sense and ethical norms. The reason why the law declares it a crime is because people always think it is a crime.
3. Double violation of the law. Economic crime is a crime that violates both national economic management laws and criminal law in the process of economic operation. It not only infringes on the economic interests of the state, the collective and citizens, but also harms the order of the socialist market economy. Traditional crimes only violate criminal law.
4. complex. Because economic crimes occur in the field of market economy operation, compared with other types of crimes, their criminal structure is very complicated. The field of market economy operation is an extremely huge dynamic field.
Among them, the complicated economic relations formed around the production, exchange, distribution and consumption of commodities are intertwined, covering almost all industries and departments of the national economy.
In recent years, with the establishment of China's labor market, financial market, securities and futures market, real estate market, technology market and other professional markets.
The economic activities of market players are more diversified. In such a complex economic environment, a large number of various economic crimes breed and spread, showing unprecedented characteristics.
5. intelligence. The perpetrators of economic crimes are generally highly educated, and many people even have rich professional knowledge in economy, finance, taxation, trade, accounting or law, and have long-term experience in economic activities.
In terms of criminal means, generally speaking, violence is not used directly, fighting with open fire is not aggressive, and criminals often use their professional knowledge or position.
After careful consideration and careful planning, illegal economic interests are achieved by exploiting legal loopholes, so economic crimes are called "white-collar crimes" in the west.
6. Concealed. Unlike traditional crimes, economic crimes do not violate social morality and well-known rules of conduct, and their perpetrators are often one side of economic relations.
The criminal means used have the nature of economic activities, so its crime is not easy to be known to the public and its social harm is not easy to be recognized by people.
External morphological characteristics
1. The emergence of the criminal subject. Most subjects of economic crimes can only be composed of natural persons, and a few are composed of units (special subjects).
2, the emergence of harmful behavior, the current criminal code and separate provisions, economic crimes are divided into several categories, and divided into several acts, such as the crime of producing and selling fake and inferior products, divided into the production and sale of ordinary fake and inferior products, counterfeit drugs, toxic and harmful food, products that do not meet safety standards. Fake and shoddy products must be marketable, illegal (in violation of the provisions of the quality law), and the sales amount is specific (sales amount is 50,000 yuan).
Internal structural characteristics
1, essential economic structure. That is, it endangers society and the overall economic order of the country. It is a by-product of the era of commodity economy. In the economic operation, the actor illegally seeks illegal interests and endangers the main structure of the national economy.
2. The illegal structure of economic crime. Different from natural crimes, it violates criminal law, economic law and administrative regulations, and also violates civil regulations.
3, the psychological structure of economic crime, is intentional crime, or for profit, or for possession, or for other purposes.
General characteristics
1. Economic crimes are complicated. Economic crime is a form of crime accompanying commodity economy. With the development of commodity economy, economic crimes are becoming more and more complicated.
2. Economic crimes are hidden.
First of all, because economic crimes have the characteristics of a legally prescribed punishment for a crime, that is, their behavior is regarded as a crime only because there are special provisions in the law.
Secondly, due to the intelligent characteristics of criminals in economic crimes, many of their criminal subjects have received good formal education, have higher academic qualifications and positions, and often use their own occupations and expertise to commit crimes in their familiar economic fields.
The third is because economic criminals are deceptive. With their special dominant position, these people are also engaged in criminal activities under the banner of invigorating the economy and reform and opening up, and under the guise of economic activities such as contracting and joint ventures.
Fourth, out of concern for crime victims, these people benefit from economic crimes, such as between bribers and bribers, between corruptors and users, and they are afraid of being implicated.
3. Economic crimes are various, one of which is that with the vigorous development of commodity economy, economic crimes are transformed from traditional property crimes.
Economic crimes that are more harmful are derived from traditional property crimes, such as contract fraud, loan fraud and insurance fraud. The second manifestation is the constant emergence of new economic crimes.
4. Economic crimes are greedy, which is determined by the profitability of economic crimes.
Baidu Encyclopedia-Economic Crime
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