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The Research on Chinese Foreign Exchange Crime

Author: LiHaiQiang
Tutor: LinZuoXian
School: Hebei Normal
Course: Criminal Law
Keywords: Forex crime Purchase foreign crime Evasion crimes Illegal trading of foreign crime
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 44
Quote: 0
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Abstract

Convert from the bank on a daily, ordinary people increasingly feel the U.S. dollar and the RMB appreciation strong contrast, \In our current streets, from ordinary people to government officials, from school-age children to university professors are all juvenile attention to \Although little attention to China's criminal law scholars foreign crime, has so far been without a comprehensive monograph available, but we fellow citizens, our party and the government has been closely watched in high crime Forex, the so-called \Trading foreign exchange, purchase foreign exchange and other crimes are closely related. First, we review the last century the Asian financial crisis, China's foreign exchange basic overview of crime: January 1998 to July, China's current foreign trade surplus $ 26.7 billion, capital projects $ 24 billion direct foreign investment, while the Foreign exchange reserves increased by only $ 700 million. If left unchecked, China's foreign exchange reserves will be reduced, will be a serious imbalance in international payments. The main reason for the formation of such a situation, the Asian financial crisis, the psychological effect of devaluation expectations, for the devaluation of the RMB exchange into more capable hands of the local currency, some domestic enterprises do not follow state regulations in the bank for Settlement, to be transferred to the territory of the foreign exchange deposited in foreign countries, which is China's criminal law practice acts of evasion crimes. At that time, purchase foreign country, illegal trading of foreign exchange and evasion has become common practice, seriously disrupting foreign exchange management order, threats to international balance of payments. Order to maintain foreign exchange management, foreign exchange to curb rampant crime, August 28, 1998 the Supreme Judicial Committee of the 1018 meeting, adopted \December 29, 1998 the Ninth National People's Congress passed the sixth meeting \Forex crimes, crimes subject to evasion by the state-owned companies, enterprises or other units to expand to companies, enterprises or other units. We then return to the current appreciation of the renminbi and the \lack of speculative arbitrage funds under the guise of some foreign trade, individuals, foreign investment and other channels, decentralized, penetrating way into our country. Clearly, China's foreign exchange offenses occurred in today's economy in good shape, the dollar, the RMB appreciation is expected in the context of foreign exchange reserves increased dramatically; while the end of the last century occurred in foreign crime Southeast Asian financial crisis, devaluation expectations in the context of sharp reduction in foreign exchange reserves. Two distinct periods of foreign crime is constructed, \The main contents and structure as follows: The first part of the basic content of foreign crime, this part mainly elaborates the basic foreign criminal connotation, the main features of legislative history. Structurally, this part is to pave the way for the launch of the full text. The second part of the establishment of China's foreign exchange crime elements, this part mainly from foreign criminal theoretical level analysis of the constituent elements of crime deserve exchange sex, illegal, have a responsibility, in which to analyze the constituent elements of crime deserve exchange as the main content, the main is to analyze the implementation of foreign criminal behavior, behavior object, actors; brief analysis of the foreign criminal offense negates the responsibility of grounds with Impeditive grounds. The purpose of this section is to clarify the establishment of China's foreign exchange crime requires the following elements: behavior and exchange between the constituent elements of crime legislation deserve, objective Impeditive exclude illegal exclude the responsibility and subjective grounds Impeditive grounds. The third part of foreign criminal justice finds that this part of the main aspects of judicial practice from our analysis of the Forex fundamental practical problems of crime, the main content is Zuiyufeizui, this crime with his sin, a crime with a number of crimes, common crimes. judicial practice of the basic problems. The fourth part of China's foreign exchange Crime Legislation, this part is mainly from the guilt, guilt on charges of three put forward how to improve our foreign crime legislation, the main contents are: guilt, the evasion should be the subject of sin companies, enterprises and other units expanded to have criminal capacity of natural persons; evasion offense behavior should be implemented by the foreign exchange transferred to extend to acts committed outside the territory of foreign exchange into the act; \major analysis of the current criminal law scholars on several controversial foreign criminal penalties, such as whether to set up a \disputes; charges, it is mainly made illegal foreign exchange transactions should be created with the Criminal Law of sin and crime of illegal settlement, where a detailed analysis of the current depreciation of the dollar and the RMB appreciation in the context of foreign speculative capital may be illegal settlement methods permeate our financial and economic Therefore, the addition of the crime of illegal settlement, the use of illegal settlement penalty regulatory acts in order to maintain our financial security is essential.

The Research on Chinese Foreign Exchange Crime

Abstract

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