The Three Questions Over The Parctices In The Financial Fraud

As the reforms of financial system and the opening of financial markets, the financial frauds are getting more and more serious with the increasing fraud amount, the increasing social levels and the wicked social effects, which had broke the national financial orders badly and damaged the healthy development of economical constructions directly in recent years. Form nowadays though there are only eight fraud crimes in current Chinese criminal law, a lot of disputes and different opinions are still existed in the criminal academia. In order to strike for the financial frauds effectively and accurately to bring the guarantee mechanism of the protection of legal benefits and the human rights in Chinese criminal law to bear fully, the author puts forward the preliminary analysis over three puzzles of the practices in the financial frauds based upon the real cases in current judicial actions.The purpose of illegal possession of the doer is the determinable condition to distinguish the financial frauds with the general economical disputes and the non-financial frauds. The name of"illegal possession"in varies crimes have the different meanings. So we should define the content precisely according to its own characteristics of these financial frauds. The theory of"illegal ownership"focuses on the permanent and overwhelming damages to the other's property by the financial frauds, which has the rational interpretation. And in the verification, we should persist in the way of realistic actions to the subjective faults, which would also conform to the standing point of criminal objectivism and the similar interpretations by the legislative and judicial departments.Secondly, the official members in the financial agents to commit the financial fraud with the general doers would be divided into the following four aspects: one is that the official member has the power or the status to handle the property but to handle"illegally"as the misunderstands, which would be committed based upon the details cooperating with the general doers; two is that they handle the property without the misunderstands and the general doers should be committed as the attempted financial fraud and the official members should be committed as the other crimes such as the embezzlement or the malfeasance as the accomplice; three is that the official members and the general doers collaborated together to cheat the power holder or the real status to handle the property"illegally"with the misunderstands and the members above should be committed as the financial frauds without the convenience of his position; four is that the official members committed to the financial frauds with the convenience of his position, which would be adopted the theory of"sectional accomplice"to the condition.And the last one is the type of attempted financial frauds. The action of"set about"of financial fraud means that the doer has the ability to start the cheating moves to trap the victims to handle the property with the misunderstanding which has the time label of the emergence of damage other's property directly. So the theory of"lost"should be adopted as the discrimination of consequential offending, the accomplished and the attempted types. According the type of both accomplished and attempted financial frauds should be committed based on the details but not the same standard.