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Regulating Underground Banks by Using Criminal Law

Author: CaiMing
Tutor: NaLi
School: Jilin University
Course: Legal
Keywords: Underground banks Financial Regulations of Criminal Law Solution Analysis
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 107
Quote: 0
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Abstract


The purpose of this writing is to put forward the recommendations of the criminal regulation increasingly popular underground banks . The underground banks an underground financial phenomenon . The underground financial means is not observed in the financial activities of financial authorities, as well as statistical accounting department and its related financial organizations , market and other financial elements and operation mechanism . The underground Financial is operating behavior , the informal , hidden financial characterized behavior. The features of the circumvention of government regulation and official statistics . Explore underground banks criminal regulation , you first need to understand its range of possible regulatory Criminal Law , which requires analysis of the type of underground banking business and may involve charges . Article first analysis , namely : the currency type , foreign exchange and money laundering type of underground banks type . Reference to foreign criminal regulation mode , combined with the overall trend of China's financial development , and for different types of underground banks should take a different regulatory path . According to the characteristics of each type of underground banks genesis explore . The causes and characteristics of the coin-type underground banks . Underground banks on the local currency should be based. \Criminal Law for their existence remains the necessary tolerance should not be easily intervene . The causes and characteristics of underground banks in foreign exchange type . Underground banks for foreign exchange should \From the current counts , underground swap behavior , identified as the crime of illegal business . However , this kind of behavior regulation of \Characteristics of money laundering underground banks and Countermeasures . The scope of predicate offenses for money laundering crime has been a financial crime legislation to improve the focus of the study and the hot , expanding the scope of the offense of money-laundering predicate offenses to all crime become obligations of a legal nature . Finally, given the above analysis , the recommendations on the legislative guidance . Article, the causes and characteristics of underground banks in local currency , and the corresponding local currency criminal regulation of underground banks Countermeasures focus. This is not only because of the coin-type underground banks occupy an important place in the underground financial comparison range on the provisions of the relevant laws , but also because the coin-type underground banks are more representative , its analysis , to some extent, reflect the integrity of the underground banks characteristics.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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