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Comparative Study On Economic Fraudulent Crime Between Canada And China

Posted on:2003-09-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:W H WangFull Text:PDF
GTID:1116360185494351Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Economic fraudulent crime refers to the conduct that breaches economic regulation, defraudspublic or private property or other economic interests of relative great amount by falsifying story,concealing real fact or other methods, and with the intention of seeking for illegal economic interests,which seriously infringes social economic order and should be punished by penalty. We have somefruitful results in research in this field, while no specific study on Canadian economic fraudulentcrime before. Methods of historical, comparative, theoretical and positive are adopted in thedissertation. It makes comparison taking the legislation on economic fraudulent crime as foundation,the influence and constraints by criminal procedure system on legislation as clue, and the theory of theconstitution of crime on economic fraudulent crime as core. The whole book comprises introduction,13 chapters and reference materials.The introduction discloses the serious situation of economic fraudulent crime in China, and pointsout that the study in our criminal law field still leaves much to be expected. The great significance ofchoosing this topic is deeply demonstrated. Chapter 1 compares the situation, the evolution inlegislation and administration of justice, the notion and form of economic fraudulent crime in criminallaw between Canada and China, and the influence of different legal tradition, historical concept oneconomic fraudulent crime is discussed. Chapter 2 compares the objective constitution of economicfraudulent crime between Canada and China. It is pointed out that following standards can be appliedin judging these crimes: false statement, act existing abstract harm of depriving economic interests ofothers. Chapter 3 compares the objective constitution of economic fraudulent crime between the twocountries, and it is believed that reckless and dishonest state of mind and strict liability in specialcases. Chapter 4 compares the crime of conspiracy to defraud in Canada with the stipulation andapplication of preparation state of crime in China. The main problem of our law is probed into, andthe necessity to advance the preventing line to punish the preparation state of economic fraudulentcrime is srrongly suggested. Chapter 5 is mainly about economic fraudulent crime committed by themost common subject-company. Institutional planning of perfecting our fraudulent crime by companyin criminal law is made out in the dissertation. Chapter 6 examines the legislation and judicialapplication of different sorts of punishment to economic fraudulent crime, and comparativeexperiences and lessons are drawn from Canada at the angle of punishment interacting with crime.Chapter 7-11 makes comparatively studies to financial fraudulent crime, bankruptcy fraudulent crime,tax fraudulent crime, fraudulent crime in market competition and fraudulent crime in property rightsrspectively. Chapter 12 compares criminal procedure and administrative enforcement of economicfraudulent crime between Canada and China. Chapter 13 compares the comprehensive solutions ofresistance to economic fraudulent crime between Canada and China, taking the position of theparticipation of the public, the technical prevention, and the re-building of economic ethics. In orderto play the role of criminal law in the long term, it is suggested to make new adjustment from theconcept to application of our criminal law on economic fraudulent crime.Faced with the grim situation of economic fraudulent crime, it's an urgent task of our criminal lawto make scientific and reasonable design. It has both theoretical and practical significance in respectssuch as re-building the idea and system of private law into the study and legislation of economicfraudulent crime, reflecting and orientating the form of its legislation, making a break-through inexisting criminal liability doctrine and elements of constitution of crime, punishing the preparationconduct of economic fraudulent crime and re-devising its penalty. It will help tightening the net of lawfrom the point of view of procedure and technique, changing the serious situation of economicfraudulent crime and low, fluctuating state of legal studies in this sphere in our country.
Keywords/Search Tags:fraud economic fraudulent crime, Canada, China, comparative study
PDF Full Text Request
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