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China's financial fraud conviction model research and improvement

Author: YeShuJun
Tutor: MaoLingLing
School: East China University of Political Science
Course: Criminal Law
Keywords: Financial Fraud Convicted mode Results guilty Acts committed Misrepresentation of financial fraud Illegal possession of Financial Fraud
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 150
Quote: 0
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Abstract


As China's economic system and financial market liberalization, financial crime of showing a rising trend, especially in financial fraud occur frequently, seriously endangering the healthy development of China's economy. Faced with this situation, our current financial fraud criminal legislation become stretched. In this paper, the shortcomings of existing legislation as a starting point, hoping for financial fraud criminal law of perfect make recommendations accordingly. The rapid development of financial markets, financial products constantly updated, financial transactions have certain professional, produced in this particular field corresponding financial fraud has its special. This article is based on the characteristics of financial fraud, combined with the theory of criminal law concerning the illegal sex-related knowledge, made according to the different types of financial fraud conviction using different ways of recommendations in order to better respond to the Criminal Code realities, as economic development escort. In this vein, article is divided into the following six sections. The first chapter introduces the Chinese financial fraud legislative history as well as the definition of financial fraud. As China from a planned economy to a market economy, legislation relating to financial fraud gradually built up, the theory of such serious harm academic offense is also increasingly concerned about the economy together. How to give financial fraud under a precise definition, is the basis for subsequent research. The second chapter describes the existing criminal conviction model adopted. Existing legislative provisions of the financial fraud committed for the purpose of outcomes, requires subjective purpose of illegal possession, which calls for property damage results, you can say that it is a fraud conviction copying mode. The third chapter understanding of existing legislation, this article further demonstrates the inadequacy of legislation. Results purpose committing There are two major deficiencies, one subjective purpose of illegal possession is difficult to prove, and the result is not conducive to the timely interception committing crimes. Existing legislative models insufficient regulation of all financial fraud. The fourth chapter describes the economic legislation of developed countries or regions. In civil law and common law countries, the main representative of financial fraud are guilty conviction adoption behavior patterns, which greatly inspired our ideas worth learning in order to improve our financial fraud laws. Chapter V analyzes the theoretical foundation needed to solve the dilemma. In this paper, the nature of illegality, discusses actions aimed at protecting the social and ethical norms worthless, worthless focus is to maintain the result of legal interest. Secondly, the article also analyzed the object of financial fraud, financial fraud has two objects: one for the financial order, two for the ownership of property, the former is more important to some. Chapter VI discusses the article on Financial Fraud Legislation suggestions. In view of the object of analysis of financial fraud, the paper suggested that it be divided into a false statement of financial fraud and illegal possession of financial fraud. Misrepresentation of financial fraud aimed at protecting the financial order so a convicted criminal behavior patterns; illegal possession of financial fraud not only to protect the financial order also to protect property rights so a result of guilty convictions mode. In the specific counts of financial fraud has added a punishing false statements on financial fraud.

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