How to punish individuals for buying and selling virtual currenc
Alipay will ban virtual currency transactions. Virtual currency in China's law does not specify that the law is not illegal. Strong> recently issued a statement that Alipay banned the trading of virtual currencies, but most of them expressed support for Alipay's behavior, saying Alipay was right because there are many uses of virtual currency, which can effectively avoid being exploited by lawless elements. p> Although there is no clear regulation on virtual currency, there are some behaviors such as pyramid schemes in some virtual currencies. There are various forms of currencies, which will lead to various frauds. For those who want to invest, they must be cautious and wait until they know all about them before making a decision< however, with the rapid development of the Internet, maybe virtual currency will develop better strong>
I wanted to buy money to make a profit, but I didn't want the issuing party to become a pyramid selling organization, suspected of breaking the law and committing crimes; All participating funds will be collected. At this time, whether the money can be recovered has become the most concerned problem of the buyer. The crime of organizing and leading pyramid selling activities is established, and the relationship of accomplice is usually established between the upper and lower levels of pyramid selling activities; All the money raised is usually regarded as illegal income. After being cheated into joining, they recommend others to join and get tokens and cash back, and the profits will usually be recovered as illegal income. So if you are cheated into joining an organization, can you recover the "entry fee" you paid
First, recovery does not necessarily mean confiscation, but restitution Second, the scope of recovery: illegal income within the scope of crime Third, the calculation of "illegal income"
who returns the money: Calculation of "illegal income"
according to Article 64 of the criminal law, only "illegal income" should be recovered and refunded. Illegal income, literally, refers to the property obtained through illegal activities (including but not limited to crimes). The second provision of the Supreme People's Procuratorate "the regulations on the management of property in criminal cases involving the people's Procuratorate" stipulates that the property involved includes the illegal gains and the fruits of the suspect, the property used for the crime, the prohibited goods illegally held and other property and fruits related to the case. p> According to the above provisions, the crime of illegal income is divided into two categories according to the basis of illegal income:
(1) the illegal income in the crime of obtaining interests; Such as theft, corruption, bribery of stolen goods, property, etc
(2) the crime of operating interest, such as the crime of usuryit can be seen that illegal income not only includes the property obtained through illegal and criminal activities (i.e., original illegal income, profit type), but also includes the possible natural and legal fruits of these properties and the property interests (i.e., derived illegal income, profit type) obtained from the operation of the property. For the former, the activities that generate income are illegal; Income is the object or result of illegal behavior. For the latter, the activities that generate income are legal; Only the principal used to generate income is suspected to be illegal
the above two types of illegal gains are generated in different ways, and their recovery calculation methods are also different. For the illegal income of the crime of obtaining interests, the illegal property itself is the amount of illegal income; As for the illegal income of the crime of business interests, the normal business interests should be dected. For example, in the crime of usury, the illegal income usually refers to the income from interest rate difference, not the total amount of the loan
In terms of norms, the attitude of the law is also very clear: in the reply of the Supreme People's Court on how to determine the "amount of illegal income" in the trial of criminal cases involving the proction and sale of fake and shoddy goods in 1995, it is pointed out that the "amount of illegal income" stipulated in the decision of the Standing Committee of the National People's Congress on punishing the crime of procing and selling fake and shoddy goods refers to the amount of illegal income from the proction and sale of fake and shoddy goods The amount of profit from selling fake and inferior procts. In the literal sense, the "illegal income" here should be dected from the corresponding cost In judicial practice, it is generally believed that the amount of procts actually purchased is the amount of legitimate business and should be dected; In the case of providing services without actual procts (for example, manpower input in illegal medical practice), the corresponding costs will not be dectedin the crime of organizing and leading pyramid selling activities, there are cases of "Capitation" returning to "online". According to Article 8 of the measures for the determination of illegal income from administrative penalty cases by the administrative department for Instry and Commerce (No. 37 order of the State Administration for Instry and Commerce), the illegal income from pyramid selling activities such as touting and defrauding entry fees shall be calculated according to the total income of the parties concerned
it can be seen that the "tap" paid to the online is not the income of the parties at this level in the MLM organization; It is the income of online, which should be dected and counted into the amount of illegal income of online. After the illegal income collected as online, it should be returned to offline in time according to the above
the above is today's sharing, thanks to the readers
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Article 4 banks shall, in accordance with the exchange standards set by the State Administration of foreign exchange, exchange foreign exchange for residents for private purposes at the bank's listed exchange rate on the day of exchange< Article 5 when applying for foreign exchange exchange, a resident must submit the following documents to the bank:
(1) when a resident leaves the country for private purposes to exchange foreign exchange for visiting or meeting relatives (including outbound tourism), he must also submit the following documents to the bank in addition to the supporting documents of his work unit (if there is no work unit, the sub district office or the people's government at or above the township level in the place where he has registered permanent residence):
1 Passport and exit certificate of valid entry visa to the country have been completed; Students studying at their own expense should also provide admission notice
2
3. Foreigners residing in China should provide residence permit marked with "overseas Chinese" and passport or exit / entry permit marked with return visa
4. At the same time, the exit settler should show the residence permit of the country (or region) to which he / she is going
5. Outbound pilgrims should provide documents from the provincial religious affairs administration
for the residents who travel abroad in groups through travel agencies (the remarks column on the attached page of their passport is stamped with the blue stamp of "only valid for one-time travel entry and exit"), the travel agencies shall collectively handle the foreign exchange proceres. Residents who travel abroad on their own can directly go through the foreign exchange proceres with the bank< (2) residents who apply for foreign exchange exchange e to special needs must provide the following documents to the bank:
1. Residents shall go abroad at their own expense to attend international academic conferences, make academic reports, and be employed to teach. If the invitees do not bear the travel expenses, they shall provide invitation letters, telegrams, work unit certificates and exit documents
2. If a resident pays the membership fee of an international academic organization, he / she must provide the supporting documents of the relevant academic organization to remit the foreign exchange
3. For indivial residents to order a small amount of drugs, medical devices and other special foreign exchange from abroad, they must present the certificate issued by the county or municipal hospital with the doctor's prescription and the certificate issued by their work unit; for those without work unit, they must present the certificate issued by the sub district office or the people's government at or above the township level
4. If a resident uses foreign exchange e to illness or other accidents after he / she has settled abroad, he / she shall present the valid certificate of the local hospital and notary department where he / she has settled abroad, or the certificate of our embassy or consulate abroad
5. Domestic residents who use foreign exchange under other current items not listed in the measures shall present relevant documents and certificates issued by their work unit (if there is no work unit, the local sub district office or the people's government at or above the township level), and the part exceeding the standard shall be examined and approved by the foreign exchange administration department< (3) the documents provided by the applicant must be authentic< Article 6 foreign exchange standards for private residents:
(1) foreign exchange standards for visiting and meeting relatives (including outbound tourism):
1. Foreign exchange equivalent to US $500 can be exchanged in Hong Kong and Macao
2. Foreign exchange equivalent to US $1000 can be exchanged in countries or regions other than Hong Kong and Macao (including Taiwan)< (2) the foreign exchange standard for domestic residents to settle down abroad:
1. The retirement pension, retirement pension, severance pension and pension can all be converted into foreign exchange, among which the severance pension less than US $1000 can be converted into the equivalent foreign exchange of US $1000 at one time
2. After settling abroad, their retirement, retirement, retirement and pension can be combined every six months, and they can exchange all foreign exchange with the certificate of settling abroad and valid survival certificate
3. Domestic residents without wage income can exchange the equivalent foreign exchange of US $1000 at one time
4. For children under 14 years old, each person can exchange half of the above standard for foreign exchange< (3) pilgrims and students studying abroad at their own expense can exchange the equivalent foreign exchange of US $1000 at one time when they leave the country< (4) other foreign exchange standards:
1. Domestic residents go abroad at their own expense to attend international academic conferences, make academic reports, and be employed as teachers. If the invitees do not bear the travel expenses, they can exchange foreign exchange according to the standard of going abroad to visit their relatives
2. Domestic residents pay membership fees of international academic organizations and exchange them for foreign exchange according to the standards of their academic organizations
3. Domestic residents can exchange the equivalent foreign exchange of less than US $500 (including US $500) for special foreign exchange use such as drugs and medical appliances from abroad
4. After a resident leaves the country for settlement, if he / she falls ill or has other accidents, his / her relatives in the country can exchange up to US $500 in foreign exchange
5. In case of other foreign exchange uses not listed in the measures, the amount of foreign exchange within 300 US dollars (including 300 US dollars) shall be cashed by the bank< (5) residents who use foreign exchange in excess of the above standards may apply to the local foreign exchange administration< Article 7 the State Administration of foreign exchange will punish those who violate these measures in accordance with the regulations of the people's Republic of China on foreign exchange control and other relevant provisions< Article 8 the State Administration of foreign exchange shall be responsible for the interpretation of these measures< Article 9 these Measures shall come into force on July 1, 1996. In case of any conflict between the previous provisions and these measures, these Measures shall prevail.