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Research Into The Fundamental Issues Of Financial Crimes

Posted on:2007-01-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:X H DanFull Text:PDF
GTID:1116360212459827Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Financial crimes are provided in the specific provisions of Chapter 3 of the criminal law, including eight crimes: the crime of fraud in financing, the crime of fraud in loaning, the crime of fraud in negotiable instruments, the crime of fraud in financial certificates, the crime of fraud in letter of credit, the crime of fraud in credit cards, the crime of fraud in negotiable securities and the crime of fraud in insurance. In recent years, more and more works and papers concerning the crime of financial fraud promote the development of criminal theory in financial fraud, guiding the judicial practice in a sense. However, the jurisprudential circles have no research deep enough into certain problems in financial fraud and some difficult problems are far from being resolved. We still need further study in financial fraud. This paper analyses the following fundamental issues as a whole, the elements of the constitution of the crime of financial fraud, the form of quantity of crime, the form of suspension and the form of joint crime. On the basis of the study that the prime legal right violated by the crime of financial fraud is public or private property rights, this paper premises the nature of the crime of financial fraud, and then excises the interpreting function of legal rights in criminal theory, giving study on the elements of the constitution of the crime of financial fraud, the from of quantify of crime, the from of suspension and the form of joint crime. At last, the author provides retrospect and prospect in the legislation of the crime of financial fraud.In the initial part of this paper the author makes necessary analysis on the legislation of the crime of financial crime, and then demonstrates the legislative history concerning the crime of financial fraud in China, clarifying the historical development of the crime of financial fraud. Also, the author...
Keywords/Search Tags:crime of financial fraud, character of crime, elements of the constitution, form of joint crime, form of the quantity of crime, form of suspension
PDF Full Text Request
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