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Analysis of financial fraud

Author: WangDanChen
Tutor: ZuoMingAn
School: China University of Political Science
Course: Criminal Law
Keywords: Fraud Methods Illegal fund-raising Purpose of illegal possession
CLC: D924.33
Type: Master's thesis
Year: 2007
Downloads: 643
Quote: 2
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Abstract


Financial fraud and financial fraud in our country the number one crime, fraud in the financial system plays an important role. In recent years, raising fraud occurs frequently, means renovation, the country's economic life and social stability brought great destruction. For this analysis from key constituent elements of financial fraud to start, and this crime patterns of crime, crime and punishment limits the number of the relevant theory and practice of the difficult problems as to depth. Paper is divided into five parts: The first part of the overview section, fund-raising fraud resulting from the necessity of starting the evolution of the act in order to make a brief introduction, which was subsequently described the country's legislation on financial fraud history, with foreign law fund-raising fraud Legislation draw our fund-raising fraud on legal regulation characteristics. The second part, which is the focus of this article, respectively, of the four constituent elements of this crime in order to make a detailed analysis. That financial fraud is a national financial regulation violated the order and the double object of public and private property ownership. In the objective aspect of the \behavior - understanding each other into or continue an error - the other based on the recognition errors dispose of property - the perpetrator or the third person to acquire the property - the victim suffered property damage \Methods. \On \Amount put forward by the formula: \The subject of this crime, this paper explores the natural distinction between the subject and the unit body problem, and that financial institutions can become subject of this crime. Subjective \practice should be combined with the behavior of the perpetrator purpose, use of funds, promised to return after the expiration of raising the level of behavior and whether the person has the performance of servicing these four points, and with the Supreme Court issued a \presumption \In addition, the subjective aspect, the article also pointed out that \The third part discusses the problem of sin, when it attempted standards and that the crime committed is not continuous, but also non-binding guilty of fraud posing process may use the national staff, forged or altered documents, official documents, stamps, and the bank The behavior of the loan repayment of principal and interest that exists between this crime crime crime number one problem for the corresponding analysis. The fourth part, mainly for judicial practice and fund-raising fraud confusing private lending behavior, and fraud category, the category of crimes related to illegal fund-raising charges made to distinguish between the boundaries of the problem, to the administration of justice in the conviction of the scientific and accurate help. The fifth part, the penalties for financial fraud issues described. Proposed the death penalty for this crime from legal punishment ought in point of view, it should eventually be abolished, but the actual process, taking into account China's national conditions and the characteristics of its own fund-raising fraud, should be different from others, such as bills fraud, credit card fraud and other financial crimes like fraud, in a certain period of time should be retained. And proposed punishment for this crime and property qualifications punishment perfect some suggestions.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Destruction of the socialist market economic order crime
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