Study Of The Deposit And Loan Crimes

The international financial situation since the financial tsunami in2007requirefinancial institutions in China accelerate the comprehensive transformation andenhance their competitive strength, in order to meet the challenge of foreign financialinstitutions in the historic transition period, then achieve the purpose of thesimultaneous development with the international financial industry. I have engaged inthe criminal trial for more than sixteen years, the long-term contact with economiccrimes especially financial crime make me accumulated quite a lot of questions andthinking about crime for deposits and loans, and the thesis of study of the moderndeposit and loan crimes is written in this context.The thesis initiate from the overview of the deposit and loan crimes and viaexplore the changes of deposit and loan crimes to summarize and summer up thecurrent situation and characteristics of deposit and loan crimes. Secondly, the thesiscompare the Chinese and foreign legislation and then do difficult exploration on thecommon problems in the constitution of deposit and loan crimes and specific crimesas two research analysis angle. Lastly, the thesis end by the perfection of legislation ofdeposit and loan crimes. There are totally seven chapters in the thesis which do round,deep, progressive research and investigate on deposit and loan crimes. The part of theoverview of deposit and loan crimes do comprehensive explanation on the basicconcepts, scope and factors of the deposit and loan. The part of the Changes in depositand loan crimes tells the story of the legislation evolution of deposit and loan crimesin three different stages which is divided by the1979Penal Code and the1997PenalCode. The part of the current situation and characteristics of the deposit and loancrimes highlights the current situation of deposit and loan crimes in china, and thengeneralizes and summarizes the main features. The part of the contrast between deposit and loan crimes in Chinese and foreign legislation is based on the introductionof deposit and loan crimes in the foreign Criminal law. The purpose of this part is toexamine the differences in Chinese and foreign legislation in comparative lawperspective. The part of the common problems of crime constitution is based on thecrime constitution. This part analysis the common problems in the subject、subjective、object and objective aspects of the deposit and loan crimes. The part of the researchon specific crimes focuses on seven specific crimes of deposit and loan crimes, anddiscusses the difficult problems for each crime which worthy of research and analysisin-depth. The part of the perfection of legislation of the deposit and loan crimes ismainly composed of the perfection of legislation and judicial. The part of perfectionof Legislation proposes the perfect idea of the legislation system of deposit and loancrimes. The part of perfection of judicial proposes the new ideas of applyinginjunction and personal bankruptcy system and other new ideas from aspects ofjudicial interpretation and judicial application.In a Word, author not only expect to combine and sublimation the shallowresearch on deposit and loan crimes by seven parts exposition while playing a goodguide role to judiciary,but also provide a little help to financial institutions, thenmake some contributions for building the Shanghai financial center, even for buildinga stable, healthy financial order of China.