Crime of Undermining the Order of the Socialist Market Economy

Guiding Cases

(1) Crime of Producing and Selling Counterfeit and Substandard Products

Wang Hongcheng produces and sells Counterfeit and Substandard Products Case [No. 8] - How to apply the law to the production and sale of new products that do not have the performance promised by the manufacturer or seller

Liu Zejun, Wang Yuankai, etc. produce and sell products that do not meet the performance requirements Safety standard product case [No. 47] - How to specifically define products that do not meet safety standards

Xiong Libin and others produced and sold counterfeit drugs case [No. 115] - produced and sold counterfeit drugs for fraud How to characterize the behavior of Han Junjie, Fu Ansheng, and Han Junsheng in the production of counterfeit and inferior products [No. 143] - How to convict and punish the behavior of processing counterfeit and inferior products for others

Chen Jianming and others sell counterfeit and inferior products Product Case [No. 118] - How to determine the behavior of selling products that counterfeit other people's registered trademarks

Hu Tingjiao, Tang Hongwen and others' case of producing and selling counterfeit and inferior products [No. 144] - How to determine the illegal operation of franchise and monopoly Articles disrupting market order "serious circumstances"

Lin Liequn and He Huaping's case of selling harmful food [No. 94] - How to characterize the behavior of selling industrial lard as edible lard and causing death

The case of Li Yunping selling counterfeit and inferior seeds [No. 109] - the legal application of the crime of producing and selling counterfeit seeds

The case of Ju Chunxiang, Zhang Zhiming and others producing and selling counterfeit products [No. 165] ——Conviction and sentencing for producing and selling counterfeit drugs

Yu Yachun’s case of producing and selling toxic and harmful food [No. 166]——selling pigs raised with “clenbuterol” and causing poisoning of many people How to convict and punish the behavior

(2) Smuggling crime

Beijing Prince Textile Industry Co., Ltd., Yao Zhijun and others smuggling general goods case [No. 1] - unit smuggling crime in legal documents How to express it in

Lin Chunhua et al. Smuggling of General Goods Case [No. 18] - Smuggling in the name of a company, and the illegal proceeds belong to individuals, is a personal crime

Chen Defu smuggling of general goods Case [No. 151] - How to determine the surrender of a criminal unit

Song Shizhang was charged with smuggling general goods Case [No. 267] - Failure to truthfully declare to customs in agency re-export trade does not constitute the crime of smuggling

Shanghai Huayuan Yilong Industrial Development Company and others’ case of smuggling general goods [No. 268] - Qualification of unauthorized sales of bonded goods “processed with imported materials” for profit within the country

Case of Wang Hongmei, Wang Hongbin and Chen Yiping smuggling general goods and falsely issuing special value-added tax invoices [No. 336] - smuggling crimes were committed in the name of the company, and the existing evidence can only prove that a small amount of illegal gains were used for the company's operations

Activities, the whereabouts of most of the illegal gains cannot be ascertained, whether it is a unit crime or an individual crime

Likou Yize Smuggling Cultural Relics Case [No. 416] - Smuggling of vertebrate paleontology and ancient human fossils The act of smuggling ancient vertebrate animals and other paleontological fossils other than ancient human fossils cannot be convicted and punished as the crime of smuggling cultural relics

Lin Yongjie, Lu Zhiqiang Smuggling of General Goods Case [No. 423] - Issues related to identification and tax calculation basis in the criminal case of smuggling imitation guns

Zhang Jun et al. Smuggling of General Goods Case [No. 455] - Responsible personnel of the unit While committing a unit crime, if an individual commits the same crime as the unit crime, he shall be punished for several crimes simultaneously

(3) Crimes of obstructing the management order of companies and enterprises

Guan Hua's case of falsely reporting registered capital [No. 70] - How to grasp the criteria for falsely reporting registered capital to constitute a crime

Zhou Yunhua's case of falsely reporting registered capital [No. 102] - The prosecutor's office How to correctly handle unit crime cases prosecuted for natural person crimes

Xue Yuquan’s case of false declaration of registered capital [No. 130] - How to characterize the behavior of issuing false bank statements and falsely reporting registered capital

Yang Wenkang’s Illegal Operation of Similar Business Case [No. 187] - Illegal Business

The difference between the crime of running a similar business and the crime of illegally making profits for relatives and friends

Case of Shen Weiguo and others on misappropriation of funds and obstructing liquidation [No. 269] - specific identification of the crime of obstructing liquidation

Gao Yuan, Liang Hanzhao Letter of credit fraud, case of being deceived due to negligence in signing and performing contracts [No. 270] - How to understand the objective conditions for the crime of being defrauded due to negligence in signing and performing contracts

Case of Dong Bo and others providing false financial reports [No. 285 No.] - Identification of persons directly responsible for the crime of providing false financial reports

Yang Zhihua Enterprise Personnel Bribery Case [No. 320] - Employees of an enterprise under preparation took advantage of their positions to seek benefits for others and illegally accepted, Can those who ask for property be convicted and punished for the crime of accepting bribes for corporate personnel

(4) Crime of disrupting financial management order

Yang Jimao’s counterfeit currency case [No. 23 ]——How to apply the law to the act of counterfeiting U.S. dollars

Zhao Zhe’s case of manipulating securities trading prices [No. 48]—How to deal with the act of illegally intruding into computer information systems to raise stock prices for profit

The case of Zhang Shunfa holding and using counterfeit currency [No. 188] - the purchase and use of counterfeit currency should be severely punished as the crime of purchasing counterfeit currency

The case of Gao Yuan illegally absorbing public deposits [No. 56] - How to characterize the act of illegally raising funds by using economic mutual aid associations

Wang Changhe’s altering of financial documents case [No. 71] - How to characterize the act of altering or altering passbooks and then committing financial voucher fraud

Wang Zhao Money Laundering Case [No. 286] - Understanding and Identification of Subjective Knowledge Requirements for the Crime of Money Laundering

Zhang Jiong and Li Peijun’s Obstruction of Credit Card Management Case [No. 386] - Criminal Law Amendment (V) Application of Article 1

Money laundering case of Pan Rumin, Zhu Suzhen, Li Daming, and Gong Yuan [No. 471] - How to determine the crime of money laundering if the upstream criminal perpetrators have not yet been convicted and sentenced

Yao Kaigaoli on-lending case [No. 487] - Is obtaining a bank's acceptance bill considered as obtaining bank credit funds?

Hui Qingxiang and others' case of illegally absorbing deposits from the public [No. 488] - How to determine Illegal absorption of public deposits in disguised form

(5) Financial Fraud

Cao Yasha Financial Certificate Fraud Case [No. 4] - What about the use of altered financial certificates to commit fraud? Applicable law

Zhu Chengfang and other financial certificate fraud and loan fraud cases [No. 33] - How to characterize the behavior of using forged bank deposit certificates as collateral to defraud bank loans

Henan Province Samsung Industrial Company Fund-raising Fraud Case [No. 72] - How to pursue the criminal liability of relevant personnel after the company has been canceled after committing a crime

Guo Jiansheng was charged with loan fraud case [No. 88] - "In the crime of loan fraud, " How to grasp the purpose of illegal possession"

Chen Yuquan and Zou Zhenrong loan fraud case [No. 103] - How to deal with the loan fraud committed by the unit before the implementation of the Criminal Law in 1997

Wu Xiaoli Loan Fraud Case [No. 95] - How to distinguish loan fraud and loan disputes

Ji Mou Bill Fraud and Contract Fraud Case [No. 96] - Defrauding goods and then paying with bad checks How to convict the behavior

Yao Jianlin Bill Fraud Case [No. 145] - Whether the crime of bill fraud is a crime for the purpose of illegal possession

Yuan Ying, Ouyang Xiang, Li Wei fund-raising fraud Case [No. 167] - How to deal with absconding with MLM funds during illegal pyramid schemes

Liu Gang, Wang Xiaojun, and Zhuang Zhide Financial Certificate Fraud Case [No. 168] - The ability to commit crimes with inconsistent intentional content Whether it constitutes a crime committed by ***

The case of Ma Rufang and others for loan fraud, illegal loan issuance, and misappropriation of funds [No. 305] - the crime of committing loan fraud together with a natural person while living alone is applicable

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Zhang Fushun Loan Fraud Case [No. 306] - The distinction between loan fraud and civil loan fraud

Zhou Dawei Bill Fraud (Attempted) Case [No. 277] - Blank Stealing How to characterize the use of cash checks after forgery

Li Lanxiang Bill Fraud Case [No. 307] - Using the custody of other company's industrial and commercial registration, economic records

Convenient conditions for operating business badges, applying for and issuing checks in the name of other companies and illegally possessing other company’s property

Zeng Jinqing and Huang Jianxin Insurance Fraud and Intentional Injury Case [No. 296] - Insurance Fraud Identification of the subject and form of crime

Wang Shiqing's Bill Fraud and Liu Yao's Misappropriation of Funds Case [No. 387] - How to handle the behavior of colluding with bank staff to use real discounted bills to pledge loans

Tian Chengzhi Fund-raising Fraud Case [No. 464] - Can the suspect be surrendered if his relatives provide clues to capture him

Zhang Beihai and others' loan fraud and financial certificate fraud case [No. 424] - —How to convict and punish the act of forging a corporate online bank transfer authorization letter to defraud funds

Li Lujun Financial Voucher Fraud Case [No. 425] - Financial institution staff took advantage of their work to withdraw depositors' funds in exchange for discounts Does the behavior constitute the crime of theft

or financial certificate fraud

Zhang Guotao Credit Card Fraud Case [No. 472] - How to determine the scope of credit cards in the crime of credit card fraud

Xu Kailei Insurance Fraud Case [No. 479] - The actual owner of the insured vehicle uses the name of the affiliated unit to commit insurance fraud, which constitutes the crime of insurance fraud

( 6) Crimes of endangering tax collection

Zhang Zhenlian’s case of falsely issuing special value-added tax invoices [No. 89] - How to define the difference between unit crimes and natural person crimes

Lu Cai Xingxukai Tax Deduction Invoice Case [No. 110] - How to characterize the act of evading taxes by falsely issuing invoices that can be used to offset tax deductions to offset turnover

He Tao falsely issued special value-added tax invoices Case [No. 119] - How to calculate the economic losses caused to the country by falsely issuing special value-added tax invoices

Case of Wu Caisen, Guo Jiachun and others [No. 231] - Use by tax authorities How to convict and punish the behavior of "issuing high and collecting low" for special value-added tax invoices issued under supervision

Case of falsely issuing special value-added tax invoices by Puning Liusha Economic Development Company and other units [No. 232] - Unit ***How ??to be convicted and punished for falsely issuing special VAT invoices

Beijing Kuangda Pharmaceutical Factory Tax Evasion Case [No. 251] - How to identify the person in charge directly responsible for the unit’s crime

Case of Zeng Zhuyu and others for forging special value-added tax invoices [No. 252] - How to convict and punish the behavior of purchasing forged special value-added tax invoices and then selling them

China Packaging Import and Export Shaanxi Company and Hou Wanwan defrauded export tax refunds Case [No. 287] - Judicial determination of "Knowing that others intend to defraud export tax refunds"

Case of Yang Kanglin, Cao Peiqiang and others for defrauding export tax refunds [No. 329] - How to determine that others knowingly intend to defraud the country Subjective intention of export tax refund

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