外汇领域行刑反向衔接

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最高检、国家外汇局联合发布6件外汇领域行刑反向衔接典型案例
Zheng Quan Ri Bao Wang· 2025-05-08 05:29
Core Viewpoint - The Supreme People's Procuratorate and the State Administration of Foreign Exchange have jointly released six typical cases in the foreign exchange field to clarify the connection between criminal and administrative penalties, aiming to combat foreign exchange violations and maintain a healthy market order [1][2][3]. Group 1: Characteristics of the Cases - The cases focus on the jurisdictional challenges in connecting administrative and criminal penalties, promoting a unified approach among various levels of procuratorial and foreign exchange management departments [1]. - There is an emphasis on comprehensive strikes against foreign exchange violations to create an effective deterrent, addressing the issue of individuals who lend foreign exchange accounts without direct involvement in illegal activities [2]. - A cross-departmental collaboration mechanism has been established to promote a long-term and effective connection between criminal and administrative actions in the foreign exchange sector [2]. Group 2: Public Awareness and Legal Implications - The release of these typical cases aims to enhance public awareness regarding the legal use of foreign exchange, warning against illegal trading activities that disrupt market order [3]. - Individuals engaging in illegal foreign exchange trading, even if not meeting criminal prosecution standards, may still face administrative penalties, highlighting the importance of compliance with regulations [3]. - The collaboration between foreign exchange management departments and local procuratorial agencies is intended to ensure fair enforcement of laws while achieving a balance between punishment and education [3].
最高检、国家外汇局联合发布外汇领域行刑反向衔接典型案例
Di Yi Cai Jing· 2025-05-08 02:22
Core Viewpoint - The article discusses the implementation of a dual-track system for administrative and criminal penalties in the foreign exchange sector, emphasizing the need for collaboration between judicial and administrative bodies to combat illegal foreign exchange activities effectively [1][3][5]. Group 1: Legal Framework and Enforcement - The Supreme People's Procuratorate and the State Administration of Foreign Exchange have released typical cases to clarify the legal framework for addressing illegal foreign exchange activities, aiming to unify enforcement standards and prevent regulatory loopholes [1][5]. - Cases involving significant illegal foreign exchange transactions will be subject to criminal liability, while those below the threshold will face administrative penalties [1][2]. Group 2: Case Studies and Outcomes - In the case of Li Mou Yi, the individual was involved in illegal foreign exchange activities amounting to 1.047 billion RMB, leading to criminal prosecution and a sentence of one year and three months in prison, along with a fine of 400,000 RMB [6][7]. - The case of Fan Mou and others resulted in administrative fines ranging from 1.4 million to 2.867 million RMB for their involvement in illegal foreign exchange activities, highlighting the administrative penalties imposed for such violations [2][30]. Group 3: Mechanisms for Coordination - The establishment of a collaborative mechanism between the procuratorial and foreign exchange management departments is crucial for ensuring effective enforcement and addressing illegal foreign exchange activities [16][31]. - The article emphasizes the importance of communication and cooperation between different agencies to streamline the process of evidence transfer and administrative penalties [39][40]. Group 4: Public Awareness and Compliance - The article warns the public against engaging in illegal foreign exchange activities and encourages the use of legitimate channels for foreign exchange transactions [2][3]. - It highlights the need for public education on the risks and legal implications of participating in illegal foreign exchange activities [2][24].