As an effective form of supervision, reporting mainly has the following functions:
1, which is convenient for the supervision of violations of discipline, law and crime. Any unit or individual can report and accuse through reporting and request to be dealt with.
2. It is convenient for citizens to exercise their democratic rights and effectively supervise the activities of state organs and state functionaries. Citizens can criticize and suggest the behavior of the party, state organs and state functionaries by reporting, and reflect some social hot issues and issues of concern to the masses.
3. Specialized agencies can obtain a large number of reporting clues through reporting, which is conducive to specialized agencies to perform their duties, especially their supervisory duties.
4. Bringing mass supervision into the legal track is conducive to social stability.
How to deal with illegal enterprises?
Illegal business operations, disrupting market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated.
Whoever commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
Illegal employees of the company were detained for several days.
Specific responsible persons and active participants will be punished. If only ordinary employees are unaware of the contents of the fraud, they will generally not detain those who are not involved. If it is only to assist in the investigation, it will generally not exceed 8 hours, and if the situation is complicated, it will not exceed 24 hours at most. If you are suspected of fraud, you will be detained instead of assisting in the investigation. The detention time is generally 14 days, and the longest is 30 days. If no criminal facts are found, they will be released in advance.
Is the company illegally arresting shareholders or legal persons?
The legal person shall bear the main legal responsibility for the major illegal acts of the company. A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law. The legal person's capacity for civil rights and civil conduct arises when the legal person is established and disappears when the legal person is terminated.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 57 If a people's procuratorate receives a report, charges, reports or finds that investigators have collected evidence by illegal means, it shall investigate and verify it. If the evidence collected by illegal means is true, it shall put forward rectification opinions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 81 A criminal suspect or defendant who has evidence to prove that he has committed a crime and may be sentenced to fixed-term imprisonment or more shall be arrested if bail pending trial is insufficient to prevent the following social dangers:
(a) New crimes may be committed;
(two) there is a real danger of endangering national security, public safety or social order;
(three) may destroy or falsify evidence, interfere with the testimony of witnesses or collusion;
(4) It is possible to take revenge on the victim, prosecutor or accuser;
(5) attempting to commit suicide or escape.
When approving or deciding to arrest, the nature, circumstances, confession and lighter punishment of the criminal suspect and defendant should be taken as factors to consider whether social danger may occur.
If there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is evidence to prove that there are criminal facts, it may be sentenced to fixed-term imprisonment of more than 10 years, or if there is intentional crime or the identity is unknown, it shall be arrested.
If the circumstances are serious, a criminal suspect or defendant who has been released on bail pending trial or under residential surveillance may be arrested.