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The Research On The Economy White-collar Crime

Posted on:2011-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:W ChengFull Text:PDF
GTID:2166330332966677Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"White-collar crime" concept was first proposed by the American scholar, Professor Sutherland, mainly for the elite status of a certain IQ, highly educated people are engaged in their professional activities for the purpose of illegal profit-making non-violent crime behavior. Course of the study in white-collar crime, domestic and foreign scholars from different point of view of white-collar crime to bring up a variety of specific categories. Which, according to Chinese specific national conditions of China scholars, and adjust the scope of existing legal norms, specifically the white-collar crime, is divided into the following categories:1, corruption and bribery type.2, dereliction about duty type.3, the economy type.4, obstruction type.5, tort type.Economy white-collar crime, according to China's actual conditions combined with our existing structure and layout of the Criminal Code proposed by the characteristics of a concept. The main research objects are the Criminal Law Code, Chapterâ…¢of the Order of destruction of the socialist market economic crime. Including:prejudice to the company, the Order of the enterprise management of crime, criminal damage to the Order of the financial management, financial fraud type crimes, crimes against tax collection and management of crime and disturb the market order of crime and so on. In other countries, usually set in accordance with its legal provisions, the economy can be expressed as a type of white-collar crime, trade restrictions, fiscal and financial fraud operation, kickbacks and other acts. Therefore, the existence of white-collar crime economy is strong hidden and difficult to detect, non-violent, serious harm and other features.The economy white-collar crime is not only exist in China, also occurred in other countries. Especially in Europe and developed market economy countries, the economy white-collar crime prevention and control nearly a hundred years of history. Which, with practice adjusted for changes in legislation, the establishment of prevention and control system in advance, improve the economic system of white-collar criminals and other related means of correction in these countries, white collar crime prevention and control of economic struggle has achieved remarkable results. It's worth us to study.With the reform and opening up, China's rapid social and economic development of white-collar crime in our economy gradually emerged and began to spread. Especially in the last few years, the period of social transformation, some economic use of its white-collar criminals of economic power and other advantages as well as related laws and regulations do not sound the loopholes, often committed various crimes, such as the Huang Guangyu case, Hangxiao Steel insider trading case and so on. To the state and society caused very serious losses, making the country's economic credibility has been seriously damaged.Analysis of these cases, not difficult to find the economy white-collar crime in China mainly reflects the strong concealment, trading power for money, criminal means and tools and several significant new features of the main features; coupled with generally weak public awareness of prevention, prevention and control system and other factors are not sound enough to make the economy white-collar crime trends in the prevention and control of the increasing seriously in recent years.Therefore, the solution to Chinese economy white-collar crime, you need to research some foreign scholars, such as differences in communication theory, Professor Sutherland, and Merton's theory of social anomalies,and Maslow's needs theory and effective application to China white-collar crime prevention practice. By analyzing the social causes and individual causes, from the idea of legislation to expand, update the penalty methods, improve offender correctional system, the establishment of effective prevention system and other aspects of extrajudicial proceeding. Only make concerted efforts, so as to effectively suppress the economy white-collar crime occurred.
Keywords/Search Tags:The economy white-collar crime, Economic crime, The hidden nature, Penalty
PDF Full Text Request
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