Pool leaching process of rare earth ore in South Jiangxi
Publish: 2021-05-10 03:15:42
1. You can get two to three thousand at most.
it's similar to a bank term of one year.
it's similar to a bank term of one year.
2. Ion type rare earth ore, which is unique in China, is distributed in southern provinces and is rich in medium and heavy rare earth elements. At present, the solution mining method (in-situ leaching) is mainly used, and the main reagents are ammonia (ammonium chloride, ammonium sulfate, etc.). The solution is generally prepared in three stages, and the injection technology of first concentrated and then diluted, first up and then down, first liquid and then water is adopted to improve the leaching rate and shorten the leaching time, The top water large circulation technology is used to prevent landslides, prevent the mother liquor from seeping out from the mountain ridge and dilute the mother liquor. The water sealing technology is used to prevent the leaching liquor from seeping out and improve the recovery rate of the leaching liquor. The mother liquor is purified, cleaned, precipitated, filtered and dried to obtain rare earth oxides
rare earth is the abbreviation of rare earth group elements, and 17 elements are often classified into the rare earth family. China is the country with the richest rare earth resources, and its reserves and output rank first in the world. Ionic rare earth is a new type of rare earth mineral resources in China. It is characterized by complete distribution, high content of high value-added elements, low specific radioactivity, many high-tech application elements and high comprehensive utilization value; Five & quot; In a sense, it has changed, promoted and accelerated the process of world high technology. The second generation extraction technology of ionic rare earth -- & quot; In situ leaching process;, Won the & quot; The Eighth Five Year Plan & quot; The national science and technology major achievement award is the national & quot; The Eighth Five Year Plan & quot; Science and technology attacking the pass & quot; Top ten world leading technological achievements & quot; He won the National Invention Award in 1997. This research achievement was reported by CCTV in the news program in 1996. It is a unique ionic rare earth in China. Since the discovery, naming and the invention of the second generation extraction process in 1970, after 25 years of confidentiality management, it has been officially disclosed at home and abroad for the first time; Show up & quot
the technology of ionic rare earth is the independent intellectual property of China. Ganzhou Research Institute of nonferrous metallurgy is the main unit of scientific and technological achievements in the discovery and naming of ion adsorption rare earth ore and the second generation of rare earth extraction technology in China. Comrade Ding Jiayu, who was then deputy director in charge of scientific research and later director of Ganzhou Institute of nonferrous metallurgy, as the main participant and leader in the invention and application of the second generation extraction process of ionic rare earth ore, has an unforgettable memory of the historical development process of this event. At the request of the reporter, Comrade Ding Jiayu reviewed and summarized this historical event comprehensively and systematically
up to 1970, in the past 175 years of development and utilization history of rare earth mineral resources, it was found that there are as many as 200 kinds of minerals containing rare earth elements and their compounds in nature. However, there are only a few rare earth minerals with real instrial value, about 10 kinds. There are mainly monazite, ceric silica, bastnaesite, beryllium yttrium silicate, phosphorite, epidote, niobium yttrium ore and black rare gold ore. However, most of these minerals contain a certain amount of uranium or thorium, and the rare earth minerals exist as solid and mineral phase minerals, which are often associated with radioactive elements
in the late 20th century, with the rapid development of high technology and instrialization in the world, especially since the 1980s, the use of medium and heavy rare earth elements in the world has increased sharply, especially the demand for neodymium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, yttrium and other rare earth elements. In view of the following reasons: first, in the traditional rare earth mineral resources, the content of most of the above rare earth elements is limited, so it is difficult to obtain rare earth concentrate; Second, because of the complexity of the proction process, the process is very long, the cost is high, and the price is expensive. If it has to be instrialized, it is very difficult, and the output is difficult to meet the requirements; Third, according to the characteristics of traditional rare earth deposit resources, if we want to obtain the above-mentioned target elements in a certain mine at the same time, it is difficult to achieve the effect. It is necessary to mine multiple rare earth mines with different distribution to meet the above-mentioned needs at the same time. Obviously, only relying on the development of traditional rare earth resources is bound to be difficult to meet the rapid development trend of modern high technology and the demand for rare earth elements. Therefore, this situation will inevitably lead to the pursuit and exploration of new rare earth resources, hoping to obtain the reliable guarantee of rare earth resources needed by high technology< In fact, as early as the 1960s, China recognized the important role of medium and heavy rare earth resources, especially heavy rare earth resources, in national defense construction and national economic construction from a strategic perspective. In the mid-1960s, the former Ministry of metallurgical instry organized the South heavy rare earth resources research conference according to the national military plan. Aiming at the surrounding rock of a mine in South China, through scientific and technological research, the code named & quot; Proct 6 & quot; Heavy rare earth procts. Through the cooperation of the units participating in the war, the technological process has been got through, and the & quot; Proct 6 & quot; Samples. But the cost is very high, and it is difficult to implement instrialization. But then came & quot; Cultural Revolution;, The battle had to be suspended
after several twists and turns, the use of traditional experimental research methods have failed, but still not afraid of difficulties, indomitable, adhere to explore, and strive to tackle key problems. After hard work, we abandoned the traditional method of studying rare earth deposits in granite weathering crust, creatively adopted a variety of comprehensive technical means, such as rare earth soluble analysis and pulp resin adsorption, and finally graally opened up the problem; No mineralization & quot; Of & quot; Ion adsorption rare earth ore & quot; It's the secret of life.
rare earth is the abbreviation of rare earth group elements, and 17 elements are often classified into the rare earth family. China is the country with the richest rare earth resources, and its reserves and output rank first in the world. Ionic rare earth is a new type of rare earth mineral resources in China. It is characterized by complete distribution, high content of high value-added elements, low specific radioactivity, many high-tech application elements and high comprehensive utilization value; Five & quot; In a sense, it has changed, promoted and accelerated the process of world high technology. The second generation extraction technology of ionic rare earth -- & quot; In situ leaching process;, Won the & quot; The Eighth Five Year Plan & quot; The national science and technology major achievement award is the national & quot; The Eighth Five Year Plan & quot; Science and technology attacking the pass & quot; Top ten world leading technological achievements & quot; He won the National Invention Award in 1997. This research achievement was reported by CCTV in the news program in 1996. It is a unique ionic rare earth in China. Since the discovery, naming and the invention of the second generation extraction process in 1970, after 25 years of confidentiality management, it has been officially disclosed at home and abroad for the first time; Show up & quot
the technology of ionic rare earth is the independent intellectual property of China. Ganzhou Research Institute of nonferrous metallurgy is the main unit of scientific and technological achievements in the discovery and naming of ion adsorption rare earth ore and the second generation of rare earth extraction technology in China. Comrade Ding Jiayu, who was then deputy director in charge of scientific research and later director of Ganzhou Institute of nonferrous metallurgy, as the main participant and leader in the invention and application of the second generation extraction process of ionic rare earth ore, has an unforgettable memory of the historical development process of this event. At the request of the reporter, Comrade Ding Jiayu reviewed and summarized this historical event comprehensively and systematically
up to 1970, in the past 175 years of development and utilization history of rare earth mineral resources, it was found that there are as many as 200 kinds of minerals containing rare earth elements and their compounds in nature. However, there are only a few rare earth minerals with real instrial value, about 10 kinds. There are mainly monazite, ceric silica, bastnaesite, beryllium yttrium silicate, phosphorite, epidote, niobium yttrium ore and black rare gold ore. However, most of these minerals contain a certain amount of uranium or thorium, and the rare earth minerals exist as solid and mineral phase minerals, which are often associated with radioactive elements
in the late 20th century, with the rapid development of high technology and instrialization in the world, especially since the 1980s, the use of medium and heavy rare earth elements in the world has increased sharply, especially the demand for neodymium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, yttrium and other rare earth elements. In view of the following reasons: first, in the traditional rare earth mineral resources, the content of most of the above rare earth elements is limited, so it is difficult to obtain rare earth concentrate; Second, because of the complexity of the proction process, the process is very long, the cost is high, and the price is expensive. If it has to be instrialized, it is very difficult, and the output is difficult to meet the requirements; Third, according to the characteristics of traditional rare earth deposit resources, if we want to obtain the above-mentioned target elements in a certain mine at the same time, it is difficult to achieve the effect. It is necessary to mine multiple rare earth mines with different distribution to meet the above-mentioned needs at the same time. Obviously, only relying on the development of traditional rare earth resources is bound to be difficult to meet the rapid development trend of modern high technology and the demand for rare earth elements. Therefore, this situation will inevitably lead to the pursuit and exploration of new rare earth resources, hoping to obtain the reliable guarantee of rare earth resources needed by high technology< In fact, as early as the 1960s, China recognized the important role of medium and heavy rare earth resources, especially heavy rare earth resources, in national defense construction and national economic construction from a strategic perspective. In the mid-1960s, the former Ministry of metallurgical instry organized the South heavy rare earth resources research conference according to the national military plan. Aiming at the surrounding rock of a mine in South China, through scientific and technological research, the code named & quot; Proct 6 & quot; Heavy rare earth procts. Through the cooperation of the units participating in the war, the technological process has been got through, and the & quot; Proct 6 & quot; Samples. But the cost is very high, and it is difficult to implement instrialization. But then came & quot; Cultural Revolution;, The battle had to be suspended
after several twists and turns, the use of traditional experimental research methods have failed, but still not afraid of difficulties, indomitable, adhere to explore, and strive to tackle key problems. After hard work, we abandoned the traditional method of studying rare earth deposits in granite weathering crust, creatively adopted a variety of comprehensive technical means, such as rare earth soluble analysis and pulp resin adsorption, and finally graally opened up the problem; No mineralization & quot; Of & quot; Ion adsorption rare earth ore & quot; It's the secret of life.
3. It can only be regarded as a case of public security; Detention; The crime of fraud (Article 266 of the criminal law) refers to the act of obtaining a large amount of public or private property by making up facts or concealing the truth for the purpose of illegal possession< (1) the object of this crime is the ownership of public and private property. Although some criminal activities also use some deceptive means and even pursue some illegal economic interests, the object of infringement is not or is not limited to the ownership of public and private property. Therefore, it does not constitute a crime of fraud. For example, abcting and trafficking in women and children is a crime of violation of personal rights
the object of the crime of fraud is limited to the property of the state, the collective or the indivial, not to defraud other illegal interests. It should also exclude loans from financial institutions. This law has specially stipulated the crime of loan fraud in Article 193< (2) objective elements
this crime is objectively manifested as the use of fraud to defraud a large amount of public and private property. Firstly, the perpetrator committed fraud, which includes two types in form: one is to make up the facts, the other is to conceal the truth; In essence, it is an act that makes the victim fall into the wrong understanding. The content of fraud is that under specific circumstances, the victim will have a wrong understanding and make the desired disposition of property. Therefore, whether it is to make up or conceal the past facts, or the present facts and future facts, as long as it has the above content, it is a kind of fraud. If the content of fraud does not make them dispose of their property, it is not the fraud of fraud. Fraud must reach the level that ordinary people can have a wrong understanding and exaggerate the goods they sell. It is not fraud that does not exceed the scope of social tolerance. There are no restrictions on the means and methods of fraud, which can be either verbal fraud or action fraud; Fraud itself can be either an act or a omission, that is, it has the obligation to inform a certain fact, but if it fails to perform this obligation, the other party will fall into a wrong understanding or continue to fall into a wrong understanding. It is also a fraud if the actor uses this understanding to obtain property wrongly. According to the provisions of article 300 of this law, those who organize or use sects or heretical organizations or use superstition to defraud property shall be punished as the crime of fraud
fraud makes the other party have a wrong understanding, which is caused by the actor's fraud; Even if the other party has some mistakes in judgment, it does not hinder the establishment of fraud. Between the fraud and the other party's disposition of property, we must mediate the other party's misunderstanding; If the other party does not dispose of the property because of the wrong understanding of the fraud, it will not constitute the crime of fraud. The other party of fraud only requires the person who has the authority or status to dispose of the property, not necessarily the owner or possessor of the property. By means of civil litigation, the actor provides false statements and false evidence to enable the court to make a favorable judgment in order to obtain property, which is called litigation fraud and establishes the crime of fraud
the establishment of fraud requires the victim to dispose of property after falling into a wrong understanding, which includes disposition behavior and disposition consciousness. The purpose of making such a request is to distinguish fraud from theft. The performance of disposition of property is to deliver property directly, or promise the actor to obtain property, or promise to transfer property interests. If the perpetrator commits fraud and causes others to give up the property, and the perpetrator picks up the property, he should also be punished as the crime of fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute a crime of fraud, but only a crime of theft
after the victim disposes of the property, the perpetrator obtains the property, thus causing damage to the victim's property. According to the provisions of this article, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, the amount of fraud is relatively large, with 2000 yuan as the starting point. But this does not mean that attempted fraud does not constitute a crime. Those who attempt to defraud, if the circumstances are serious, shall also be convicted and punished according to law. What needs to be studied is whether the perpetrator is guilty of fraud when he swindles property by using fraud method, but at the same time pays a considerable value of goods? Some people think that the damage caused by the crime of fraud refers to the rection of the victim's overall property, so the above behavior does not constitute the crime of fraud; Some people think that it is the loss of indivial property of the victim, so the above behavior is still a crime of fraud; Others think that the crime of fraud is a violation of honesty and does not require property damage. We believe that the crime of fraud is a crime against indivial property, not against the whole property. The victim spent 30000 yuan to buy 30000 yuan of goods because of fraud. Although the whole property is not damaged, from the perspective of indivial property, if there is no fraud of the perpetrator, the victim will not spend 30000 yuan to buy the goods, and spending 30000 yuan is the damage of indivial property. Therefore, the use of fraud means to make others fall into the wrong understanding, defraud property, even if paid a considerable value of goods, should also be recognized as fraud
the crime of fraud is not limited to defrauding tangible objects, but also includes defrauding intangible objects and property interests. According to the relevant provisions of article 2l0 of this law, anyone who uses deception to defraud special VAT invoices or even other invoices that can be used to defraud tax refund or tax dection shall be guilty of fraud< (3) subject elements
the subject of this crime is a general subject, and any natural person who reaches the age of legal criminal responsibility and has the ability of criminal responsibility can constitute this crime< (4) subjective elements
this crime shows direct intention subjectively and has the purpose of illegal possession of public and private property< (1) the boundary between this crime and non crime
L. the boundary between fraud and lending behavior. If the borrower, for some reason, fails to repay for a long time, or fabricates a lie or conceals the truth to defraud money and property, and fails to repay when e, as long as there is no purpose of illegal possession, no squandering, no defaulting on debts, no longer practicing fraud and deceiving others, and if he really intends to repay, it is still a loan dispute and does not constitute a crime of fraud
2. The boundary between the crime of fraud and the default of payment for goods on behalf of others. In order to correctly judge whether they have the intention of illegal possession, we should pay attention to the real purpose, the relationship between the two parties, the cause of the matter, the specific behavior of the agent, the plot and consequence of the default, and so on. If you can clearly want to buy for others, you can't buy it for some reason, and you still intend to return it for misappropriation, you can't be punished as fraud. If in the name of purchasing on behalf, he swindles, swindles a lot of property, squanders, and has no intention to return it, or is unable to return it, he should be punished as a crime of fraud
3. The boundary between the crime of fraud and the evasion of debts by fund-raising enterprises. If it is true that it is a fund-raising business, but because of poor management, losses and liabilities, it is still a property debt dispute to go out to avoid debts. This is essentially different from the fact that fraudsters run away in the name of raising funds to run enterprises, and then escape to realize their illegal possession< (2) the boundary between this crime and the crime of fraud is the same; However, the subjective purpose, the means of crime, the amount of property and the object of infringement are different. The crime of swindling is to swindle all kinds of illegal interests for the purpose of pretending to be state functionaries and carrying out swindling activities. It is an act that damages the prestige of state organs, public interests or the legitimate rights and interests of citizens. What it swindles includes not only property (but no amount of restrictions), but also work, position, status, honor and so on. It belongs to the crime of disrupting social management order. When a criminal pretends to be a state functionary to defraud public or private property, it infringes upon property rights and damages the prestige and normal activities of state organs. It belongs to implicated crime, and should be convicted and severely punished according to the main object and harmfulness of the act. If the amount of money defrauded is small, but it seriously damages the prestige of state organs, it should be punished as the crime of fraud; On the contrary, it is defined as the crime of fraud. If it seriously infringes on two kinds of objects, it is generally treated as the crime of fraud according to the principle of one felony; If two kinds of crimes are committed separately and independently, and they are not involved in each other, they should be dealt with according to the principle of combined punishment for several crimes< (3) the boundary between this crime and other fraud crimes stipulated in this Law
in other chapters of this law, there are fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud, contract fraud, etc. These fraud crimes and this crime are the same in subjective and objective aspects, but they are different in subject, criminal means, subject elements and object, so they are easy to distinguish. As a result, this article provides that "where there are other provisions in this law, such provisions shall prevail."< 4. Punishment 1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined< If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined
3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated
according to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases (December 16, 1996), if an indivial swindles more than 2000 yuan of public or private property, it belongs to "large amount"; If an indivial swindles public or private property for more than 30000 yuan, it belongs to "huge amount"
If an indivial swindles more than 200000 yuan of public or private property, the amount of fraud is particularly huge. The huge amount of fraud is an important part of the determination of "the circumstances are particularly serious", but it is not the only circumstances. If the amount of fraud is more than 100000 yuan and has one of the following circumstances, it should also be considered as "the circumstances are particularly serious":
(1) the ringleader of the fraud group or the principal criminal with serious circumstances in the joint fraud crime< (2) recidivists or fugitives commit crimes with serious harm
(3) defrauding legal persons, other organizations or indivials of urgently needed means of proction, seriously affecting proction or causing other serious losses
(4) defrauding disaster relief, rescue, flood control, preferential treatment, relief and medical expenses, resulting in serious consequences
(5) squandering the swindled property, making it impossible to return the swindled property
(6) using the swindled property for criminal activities
(7) having received criminal punishment for fraud
(8) causing death, mental disorder or other serious consequences of the victim< (9) with other serious circumstances
if the person in charge and other persons directly responsible of the unit commit fraud in the name of the unit, and the proceeds of fraud belong to the unit, and the amount is between 50000 yuan and 100000 yuan, the above persons shall be investigated for criminal responsibility in accordance with Article 152 of this law; If the amount is between 200000 yuan and 300000 yuan, the above-mentioned persons shall be investigated for criminal responsibility in accordance with the provisions of Article 152 of this law
the crime of joint fraud should be punished by criminal law
the object of the crime of fraud is limited to the property of the state, the collective or the indivial, not to defraud other illegal interests. It should also exclude loans from financial institutions. This law has specially stipulated the crime of loan fraud in Article 193< (2) objective elements
this crime is objectively manifested as the use of fraud to defraud a large amount of public and private property. Firstly, the perpetrator committed fraud, which includes two types in form: one is to make up the facts, the other is to conceal the truth; In essence, it is an act that makes the victim fall into the wrong understanding. The content of fraud is that under specific circumstances, the victim will have a wrong understanding and make the desired disposition of property. Therefore, whether it is to make up or conceal the past facts, or the present facts and future facts, as long as it has the above content, it is a kind of fraud. If the content of fraud does not make them dispose of their property, it is not the fraud of fraud. Fraud must reach the level that ordinary people can have a wrong understanding and exaggerate the goods they sell. It is not fraud that does not exceed the scope of social tolerance. There are no restrictions on the means and methods of fraud, which can be either verbal fraud or action fraud; Fraud itself can be either an act or a omission, that is, it has the obligation to inform a certain fact, but if it fails to perform this obligation, the other party will fall into a wrong understanding or continue to fall into a wrong understanding. It is also a fraud if the actor uses this understanding to obtain property wrongly. According to the provisions of article 300 of this law, those who organize or use sects or heretical organizations or use superstition to defraud property shall be punished as the crime of fraud
fraud makes the other party have a wrong understanding, which is caused by the actor's fraud; Even if the other party has some mistakes in judgment, it does not hinder the establishment of fraud. Between the fraud and the other party's disposition of property, we must mediate the other party's misunderstanding; If the other party does not dispose of the property because of the wrong understanding of the fraud, it will not constitute the crime of fraud. The other party of fraud only requires the person who has the authority or status to dispose of the property, not necessarily the owner or possessor of the property. By means of civil litigation, the actor provides false statements and false evidence to enable the court to make a favorable judgment in order to obtain property, which is called litigation fraud and establishes the crime of fraud
the establishment of fraud requires the victim to dispose of property after falling into a wrong understanding, which includes disposition behavior and disposition consciousness. The purpose of making such a request is to distinguish fraud from theft. The performance of disposition of property is to deliver property directly, or promise the actor to obtain property, or promise to transfer property interests. If the perpetrator commits fraud and causes others to give up the property, and the perpetrator picks up the property, he should also be punished as the crime of fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute a crime of fraud, but only a crime of theft
after the victim disposes of the property, the perpetrator obtains the property, thus causing damage to the victim's property. According to the provisions of this article, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, the amount of fraud is relatively large, with 2000 yuan as the starting point. But this does not mean that attempted fraud does not constitute a crime. Those who attempt to defraud, if the circumstances are serious, shall also be convicted and punished according to law. What needs to be studied is whether the perpetrator is guilty of fraud when he swindles property by using fraud method, but at the same time pays a considerable value of goods? Some people think that the damage caused by the crime of fraud refers to the rection of the victim's overall property, so the above behavior does not constitute the crime of fraud; Some people think that it is the loss of indivial property of the victim, so the above behavior is still a crime of fraud; Others think that the crime of fraud is a violation of honesty and does not require property damage. We believe that the crime of fraud is a crime against indivial property, not against the whole property. The victim spent 30000 yuan to buy 30000 yuan of goods because of fraud. Although the whole property is not damaged, from the perspective of indivial property, if there is no fraud of the perpetrator, the victim will not spend 30000 yuan to buy the goods, and spending 30000 yuan is the damage of indivial property. Therefore, the use of fraud means to make others fall into the wrong understanding, defraud property, even if paid a considerable value of goods, should also be recognized as fraud
the crime of fraud is not limited to defrauding tangible objects, but also includes defrauding intangible objects and property interests. According to the relevant provisions of article 2l0 of this law, anyone who uses deception to defraud special VAT invoices or even other invoices that can be used to defraud tax refund or tax dection shall be guilty of fraud< (3) subject elements
the subject of this crime is a general subject, and any natural person who reaches the age of legal criminal responsibility and has the ability of criminal responsibility can constitute this crime< (4) subjective elements
this crime shows direct intention subjectively and has the purpose of illegal possession of public and private property< (1) the boundary between this crime and non crime
L. the boundary between fraud and lending behavior. If the borrower, for some reason, fails to repay for a long time, or fabricates a lie or conceals the truth to defraud money and property, and fails to repay when e, as long as there is no purpose of illegal possession, no squandering, no defaulting on debts, no longer practicing fraud and deceiving others, and if he really intends to repay, it is still a loan dispute and does not constitute a crime of fraud
2. The boundary between the crime of fraud and the default of payment for goods on behalf of others. In order to correctly judge whether they have the intention of illegal possession, we should pay attention to the real purpose, the relationship between the two parties, the cause of the matter, the specific behavior of the agent, the plot and consequence of the default, and so on. If you can clearly want to buy for others, you can't buy it for some reason, and you still intend to return it for misappropriation, you can't be punished as fraud. If in the name of purchasing on behalf, he swindles, swindles a lot of property, squanders, and has no intention to return it, or is unable to return it, he should be punished as a crime of fraud
3. The boundary between the crime of fraud and the evasion of debts by fund-raising enterprises. If it is true that it is a fund-raising business, but because of poor management, losses and liabilities, it is still a property debt dispute to go out to avoid debts. This is essentially different from the fact that fraudsters run away in the name of raising funds to run enterprises, and then escape to realize their illegal possession< (2) the boundary between this crime and the crime of fraud is the same; However, the subjective purpose, the means of crime, the amount of property and the object of infringement are different. The crime of swindling is to swindle all kinds of illegal interests for the purpose of pretending to be state functionaries and carrying out swindling activities. It is an act that damages the prestige of state organs, public interests or the legitimate rights and interests of citizens. What it swindles includes not only property (but no amount of restrictions), but also work, position, status, honor and so on. It belongs to the crime of disrupting social management order. When a criminal pretends to be a state functionary to defraud public or private property, it infringes upon property rights and damages the prestige and normal activities of state organs. It belongs to implicated crime, and should be convicted and severely punished according to the main object and harmfulness of the act. If the amount of money defrauded is small, but it seriously damages the prestige of state organs, it should be punished as the crime of fraud; On the contrary, it is defined as the crime of fraud. If it seriously infringes on two kinds of objects, it is generally treated as the crime of fraud according to the principle of one felony; If two kinds of crimes are committed separately and independently, and they are not involved in each other, they should be dealt with according to the principle of combined punishment for several crimes< (3) the boundary between this crime and other fraud crimes stipulated in this Law
in other chapters of this law, there are fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud, insurance fraud, contract fraud, etc. These fraud crimes and this crime are the same in subjective and objective aspects, but they are different in subject, criminal means, subject elements and object, so they are easy to distinguish. As a result, this article provides that "where there are other provisions in this law, such provisions shall prevail."< 4. Punishment 1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined< If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined
3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated
according to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases (December 16, 1996), if an indivial swindles more than 2000 yuan of public or private property, it belongs to "large amount"; If an indivial swindles public or private property for more than 30000 yuan, it belongs to "huge amount"
If an indivial swindles more than 200000 yuan of public or private property, the amount of fraud is particularly huge. The huge amount of fraud is an important part of the determination of "the circumstances are particularly serious", but it is not the only circumstances. If the amount of fraud is more than 100000 yuan and has one of the following circumstances, it should also be considered as "the circumstances are particularly serious":
(1) the ringleader of the fraud group or the principal criminal with serious circumstances in the joint fraud crime< (2) recidivists or fugitives commit crimes with serious harm
(3) defrauding legal persons, other organizations or indivials of urgently needed means of proction, seriously affecting proction or causing other serious losses
(4) defrauding disaster relief, rescue, flood control, preferential treatment, relief and medical expenses, resulting in serious consequences
(5) squandering the swindled property, making it impossible to return the swindled property
(6) using the swindled property for criminal activities
(7) having received criminal punishment for fraud
(8) causing death, mental disorder or other serious consequences of the victim< (9) with other serious circumstances
if the person in charge and other persons directly responsible of the unit commit fraud in the name of the unit, and the proceeds of fraud belong to the unit, and the amount is between 50000 yuan and 100000 yuan, the above persons shall be investigated for criminal responsibility in accordance with Article 152 of this law; If the amount is between 200000 yuan and 300000 yuan, the above-mentioned persons shall be investigated for criminal responsibility in accordance with the provisions of Article 152 of this law
the crime of joint fraud should be punished by criminal law
4. Pay attention to me. I'll take you with me! We can do what we want, zero cost, no risk
5. Whether it is a civil servant depends on the specific establishment of the post
civil servants refer to those who work in government departments. Specific explanations vary from country to country. In China, civil servants refer to the staff who perform their official ties according to law, are included in the state administrative establishment, and are paid by the state finance. In western countries, "civil servant" generally refers to the national staff appointed to government posts through non election proceres. The modern civil service system in the world can be roughly divided into three categories: one is a small range of civil servants, represented by the United Kingdom; The second is the medium-sized civil servants, represented by the United States; Third, a wide range of civil servants, represented by France. On August 19, 1994, China's central government agencies recruited civil servants for the first time.
civil servants refer to those who work in government departments. Specific explanations vary from country to country. In China, civil servants refer to the staff who perform their official ties according to law, are included in the state administrative establishment, and are paid by the state finance. In western countries, "civil servant" generally refers to the national staff appointed to government posts through non election proceres. The modern civil service system in the world can be roughly divided into three categories: one is a small range of civil servants, represented by the United Kingdom; The second is the medium-sized civil servants, represented by the United States; Third, a wide range of civil servants, represented by France. On August 19, 1994, China's central government agencies recruited civil servants for the first time.
6. Hello, it has been sent. Please check it~
7. Unknown_Error
8. 1. Take bus No.15, get off at Jinbao International Convention and Exhibition Center Station
100 meters walk to Jinbao paradise
2. Take bus No.50, get off at Jinli Hotel Station
50 meters walk to Jinli Hotel Station
8, take bus No.60, get off at Jinbao International Convention and Exhibition Center Station
60 meters walk to Jinbao paradise
3. Take bus No.55 (or 69, ring 32, ring 32), Get off at Lingxiu Huacheng station
walk 180 meters to Weifang Book Center Station
take bus No. 60 (or 35) at station 7, and get off at Jinbao International Convention and Exhibition Center Station
walk 60 meters to Jinbao paradise
100 meters walk to Jinbao paradise
2. Take bus No.50, get off at Jinli Hotel Station
50 meters walk to Jinli Hotel Station
8, take bus No.60, get off at Jinbao International Convention and Exhibition Center Station
60 meters walk to Jinbao paradise
3. Take bus No.55 (or 69, ring 32, ring 32), Get off at Lingxiu Huacheng station
walk 180 meters to Weifang Book Center Station
take bus No. 60 (or 35) at station 7, and get off at Jinbao International Convention and Exhibition Center Station
walk 60 meters to Jinbao paradise
9. I can scan it for you with our scanner
Hot content