Xiao Sa, director of the Law Research Association of the Bank of China, said that if salespeople know that the platform they work on is not an "intermediary" P2P, and there are problems such as self-financing and fund pool, then the commission they earn on the platform should be fully refunded.
Xiaosa said that only when the rebate channel and P2P platform constitute a joint crime, the public security organs have the right to recover commissions and other expenses. To constitute a joint crime, three conditions need to be met at the same time. First, P2P platform must constitute the crime of illegal fund-raising; Second, the actors who provide channel services must know that there are criminal acts on the P2P platform when providing services; Third, P2P platform pays commission with illicit money.
Xu Feng, a senior partner and lawyer of Shanghai Chuangyuan, believes that if employees participate in crimes to varying degrees, it is undoubtedly possible to strive for a lighter, mitigated or exempted punishment in the future. If employees are just ordinary jobs, don't know about the crime, and don't participate, there is no need to return them unless they are willing to actively help solve the problem. Judicial organs should also distinguish between crime and non-crime when dealing with problems, and there is no need to ask people who are not suspected of criminal acts to spit out legitimate income such as wages.
Lawyer Zhao Zhidong, a senior partner of Shanggong, believes that there are two situations whether ordinary employees should return the money. The first one is if it is employees of core departments, such as operation department, product research and development department, risk control department and finance department. It is hard to believe that the staff of these core departments do not know that the company's operating model is suspected of breaking the law.
Regarding how to determine the "bonus, commission and commission" mentioned in the definition of the scope of recovery, a senior legal practitioner who did not want to be named said that China's criminal law stipulates that public security organs have the right to recover illegal money according to law during the investigation. However, the recovery of bonuses, commissions and commissions of employees of the company should generally be recovered as illegal income after it is determined that they have been suspected of joint crimes and have been put on file, and ultimately it should be determined by the court whether they are illegal income of crimes. In the announcement of the return of stolen money and stolen goods on the above platform, the police made it clear that if they refuse to return the stolen money within the time limit stipulated in the notice, the public security organs will seriously investigate the relevant legal responsibilities.
Xiao Sa, director of the Law Research Association of the Bank of China, said that if salespeople know that the platform they work on is not an "intermediary" P2P, and there are problems such as self-financing and fund pool, then the commission they earn on the platform should be fully refunded.
Xiaosa said that only when the rebate channel and P2P platform constitute a joint crime, the public security organs have the right to recover commissions and other expenses. To constitute a joint crime, three conditions need to be met at the same time. First, P2P platform must constitute the crime of illegal fund-raising; Second, the actors who provide channel services must know that there are criminal acts on the P2P platform when providing services; Third, P2P platform pays commission with illicit money.
Xu Feng, a senior partner and lawyer of Shanghai Chuangyuan, believes that if employees participate in crimes to varying degrees, it is undoubtedly possible to strive for a lighter, mitigated or exempted punishment in the future. If employees are just ordinary jobs, don't know about the crime, and don't participate, there is no need to return them unless they are willing to actively help solve the problem. Judicial organs should also distinguish between crime and non-crime when dealing with problems, and there is no need to ask people who are not suspected of criminal acts to spit out legitimate income such as wages.
Lawyer Zhao Zhidong, a senior partner of Shanggong, believes that there are two situations whether ordinary employees should return the money. The first one is if it is employees of core departments, such as operation department, product research and development department, risk control department and finance department. It is hard to believe that the staff of these core departments do not know that the company's operating model is suspected of breaking the law.
Regarding how to determine the "bonus, commission and commission" mentioned in the definition of the scope of recovery, a senior legal practitioner who did not want to be named said that China's criminal law stipulates that public security organs have the right to recover illegal money according to law during the investigation. However, the recovery of bonuses, commissions and commissions of employees of the company should generally be recovered as illegal income after it is determined that they have been suspected of joint crimes and have been put on file, and ultimately it should be determined by the court whether they are illegal income of crimes.