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Original caption: Li Keqiang signed the Order of the State Council to promulgate the Regulation on Prevention and Management of Illegal Fundraising
Li Keqiang signs the Order of the State Council
It promulgated the “Regulation on prevention and treatment of illegal fundraising”
Xinhua News Agency, Beijing, February 10: Prime Minister Li Keqiang signed an order from the State Council a few days ago to promulgate the “Regulations on the Prevention and Treatment of Illegal Fundraising” (hereinafter the ” Regulation “), which will come into force on May 1, 2021.
The prevention and elimination of illegal fundraising is an arduous, complex and long-term systemic project that concerns the vital interests of the people, the healthy development of the economy and finances and the general situation of social stability. The Central Committee of the Party and the Council of State attach great importance to this. In recent years, faced with a high incidence of cases of illegal fundraising, several regions and departments have taken effective measures to suppress them, deactivate the stock and contain the increase, and have achieved positive results, but the situation is still relatively severe. The promulgation of the “Regulations” to strengthen the supervision of key areas by the rule of law leads to the formation of a comprehensive governance model of illegal fundraising with collective management, collective prevention and governance, each fulfilling its responsibilities, and concerted efforts to prevent and deactivate risks and protect the rights and legitimate interests of people. It’s very important.
The “Regulations” stipulate that the state prohibits any form of illegal fundraising and adheres to the principles of prevention of illegal fundraising, early fight, comprehensive management, and prudent handling. The “Regulations” mainly stipulate the following:
One is to improve the working mechanism. The “Regulations” stipulate that the provincial popular government is responsible for the prevention and management of illegal fundraising within its administrative area, and local popular governments at all levels will establish and improve the working mechanism of unified government leadership and they will clearly lead the Department. Industry supervisors and supervisory departments are responsible for preventing and coordinating illegal fundraising in their industries and fields according to the division of responsibilities. The State Council has established a system of joint inter-ministerial meetings to address illegal fundraising to monitor and guide relevant departments and localities to carry out their work and coordinate and resolve major issues.
The second is to strengthen prevention and monitoring. The “Regulations” first emphasize the principle of prevention, give full performance to the functions of administrative bodies, financial institutions, industrial associations and chambers of commerce, the media, autonomous grassroots organizations and citizens. individual, and establish and improve monitoring and early warning, advertising and education, industry self-discipline and reporting rewards We will do a solid job of market entity registration, Internet and advertising management, and fund monitoring, etc., to achieve less and early detection of illegal fundraising and reduce the risk of illegal fundraising from the source.
The third is to strengthen administrative management. The “Regulations” stipulate that the main department dealing with illegal fundraising must promptly organize the relevant departments and institutions to investigate and determine suspicious illegal fundraising activities, clarify investigation and prosecution methods and measures Mandatory, and dealing with administrative matters and Criminal responsibilities of illegal fundraising, liquidation of funds and participants in fundraising The consequences to be borne are strictly regulated. The “Regulations” emphasize that no unit or individual will profit from illegal fundraising; Illegal fundraisers and illegal fundraising facilitators will be required to return the funds raised to the fundraising participants; losses incurred due to participation in illegal fundraising will be borne by the fundraising participants themselves.
The fourth is to clarify legal responsibilities. The “Regulations” stipulate legal liability for the illegal activities of illegal fundraisers, illegal fundraising assistants, other relevant market entities, and personnel of state agencies. If a crime is constituted, criminal liability will be investigated in accordance with the law.
Furthermore, the “Regulation” stipulates that when this regulation is implemented, the “Measures for the Prohibition of Illegal Financial Institutions and Illegal Financial Business Activities” will be repealed at the same time.
