The Research And Improvement Of Crime Pattern Concerning The Financial Fraud

With the transition to socialist market economic system and the financial market opening, financial crimes, endangering the steady development of our country's economy seriously, present a picture of complex, especially the increasing financial fraud. In the face of this situation, our criminal legislation has become increasingly inadequate for dealing with the needs of punishing crime. Basing on the disadvantage of the criminal law, the essay dedicates to find a way to perfect the financial fraud legislation. Because of the development of financial market, the continuous renewal of financial products and the profession of financial transactions, the financial fraud has its own characters. In order to grant criminal law more efficiency to make sure the stability of economic development, considering the characters of financial fraud and the knowledge about violation of law, the essay advises to divide the crime into two types, and one type adopts conduct crime pattern and the other adopts result crime pattern. With the guide of this thinking, the essay is divided into the following six parts.The first chapter briefly introduces the concept of financial fraud and the history of the development of legislation. As one of the administrative crimes, the financial crime grows out of the modern market economy and attracts a lot of public attention during the economic development. How to define the financial fraud plays a fundamental role in the following research. The crime pattern of financial fraud, just the same as that of crime of fraud, is result crime pattern with the intention of possess, which has subjective and objective elements. The subjective element is the intention of possess. The objective element is the happening of harmful consequences. The result crime pattern constitutes the content of chapter two.In fact, the current crime pattern of financial fraud can't meet the needs to punish crimes. The third chapter is concerned with the disadvantages of this pattern. The pattern of result crime has two disadvantages. One is the huge difficulty to prove the intention during the criminal litigation, and the other is the delay of deterring crimes. Both of the two shortages makes the crime law week before the current situation of financial fraud.The fourth chapter mainly analyzes the other countries'legislation, which is corresponding to their highly advanced economy. Most of the civil law countries and the case law countries prefer to take the conduct crime pattern to crack down on financial fraud. This method inspires us a lot and gives us an example to improve our legislation.To get out of the dilemma, there must be theoretical basis. Basing on the theory of the illegality, the theory of void value of act is aimed at protecting the ethical order of society, and the theory of void consequence focuses on protecting legal interests. Then the essay analyzes the complicated object of financial fraud, which has two aspects. One aspect is the financial order and the other aspect is the property right. The financial order matters more to modern society, and at the same time it is one of the most important parts of society's ethical order. So the essay advises that the conduct crime pattern should be put in an important position in the legislation of financial fraud. All these constitute the chapter five.Chapter six is the last but the most important part of this essay, which gives the concrete advice on the perfection of legislation. On the analysis of object, the essay proposes to divide the financial fraud into two types, namely the crimes of false representation and the financial fraudulence crimes. The former takes the conduct crime pattern because these crimes damage the financial order badly. The latter, exceeding the scope of conduct crime pattern, adopts the result crime patten because these crimes damage both of the financial order and property right and deserve a heavier penalty.