China Financial Reform Of Criminal Law

Under the impact of globalization, the economic and financial globalization issues have become a fact that no country can choose to neglect. As a higher structure, law is deeply influenced by such a kind of thinking. With no exception, China is undergoing a globalization process of its legal system, particularly after its entry into WTO since which time international rules have played an increasingly important role. The criminal law relies itself upon the civil law, economic law and administrative law, etc, but simultaneously performs as the last resort of legal protection for all these laws. Therefore, the international cooperation in all these other law areas will inevitably leads to globalization of criminal law. Likewise, the globalization of financial laws has brought similar impact upon the criminal law.By adopting the methods of logical analysis and comparative research, this thesis conducts a comprehensive study of globalization reform issues of China's financial criminal law, including its conception, policies, legislation and law implementation, through the perspectives of criminology, international law and financial law.This thesis consists of seven chapters. It firstly discusses the impact of globalization on china's internationalization of financial criminal law, differentiates globalization from internationalization, thus pointing out the conformity of internationalization and globalization of china's financial law. Secondly, in the part concerning the philosophy of financial criminal law, it begins with the reform of legal ideas and make it clear that we should establish the concepts of modernization, equality.credit and innovation in reforming our financial criminal law. Oriented to the choice of criminal policy, it states that our criminal policy should choose the objects of rule by law, humanity, science and efficiency. Thirdly, it discusses in details the legislation mode, systematic restructure of china's financial criminal law, analyzes related issues such as the establishment of criminal network and rationalization of penalty, puts forward some legislative suggestions to improve our financial criminal law. In its final part, it discusses the judicial reform in china's financial criminal law from the level of legal application, thus make itself logic, clear and systematic.There are many definitions given to globalization, which however is the unavoidable trend in the today's world and it is not wise to deny. Certainly it has been controversial over the issue whether globalization will surely bring about the globalization of law. In my view, globalization of law and internationalization of law are two different terms. Globalization of law means that the laws around the world are unified by eliminating any all differences and discrepancies. Internationalization of law, however, means that in the process of globalization the legislation of one country shall take into consideration of the practices of other countries and comply with international rules. With these understandings, this article proves that, through the perspectives of humanism, culture, economy, rule and media, globalization of China's law is inevitable. As for the concern of "theoretical trap" of globalization raised by certain scholars, this article, based upon objective arguments, has expressed its attitude in treating the globalization of China's law, delivering its warnings against the three approaches of all-westernization, objection of legal transplanting and over-emphasizing the national sovereignty.Globalization is mainly displayed as the economic globalization, whose core and high stage is the financial globalization. The impact of Financial globalization is required by the international financial supervision, crime and china's development of foreign financial crime, not displayed directly. It is certainly that such impact is just a legal trend, not meaning that we should take other countries' stipulation of financial criminal law disregarding our own characteristic that we should not forget when refroming. Internat...