The Study On Improvement Of Criminal Legislation Against Finance Crime

The finance is the modern economy core,and the barometer which reflected the national economy.It is playing the significant role in adjusting.and controlling the entire national economy operation,and realizing the national economy to be stable and the healthy development.The financial industry development accompanies the mutual promotion of the finance criminality.How effectively attacks the financial crime on the basis of promoting the health development of the financial activity and maintaining the security of the money market is not an easy matter.Therefore,discuss how to further improve our country finance criminal law on the existing legislative foundation,has the extremely practical significance.This article frOm the legislation pattern.the crime system as well as the penalty system three aspects has carried on the discussion to improve the financial criminal law.This article is mainly composed of three parts,and has discussed the above three questions separately."The financial criminal law legislation pattern consummation"are partial in the first chapter,first briefly introduces the history of legislation pattern against finance criminal successional variation process in our country,and has carried on the advantages analysis on this foundation to our country existing several finances criminal law legislation way,and aims at the present financial criminal law legislation pattern the insufficiency to propose conception the consummation.The article points out that to entrust the attach financial criminal law with establishment legislative power makes up the insufficient of present legislation pattern,and should allow the attach financial criminal law to establish the new crime and stipulate concrete indictment and the explicit legal punishment.One hand,the archery target finance crime with traditional nature should be stipulated by the penal code rules and regulations,on the other hand,the active financial crime should be stipulated by the attach financial criminal law rules and regulations,with regarding the finance crime which has already existed in the penal code should pay attention to the coordination between the penal code and the attach financial criminal law.At the same time, the single line financial criminal law should be gradually canceled,and the "dulision"legislation pattern regarding on the mutual relationship between the penal code(including bill for amendment)and the attach financial criminal Iaw should be eStablished.In second chapter"financial crime system consummation"partial,first introduces the present situation of our country finance crime system as well as the development tendency,and come to the conclusion that expanding the financial crime circle gradually is inevitable,at the same time proposes our country finance crime establishment must follow"moderate,coordinated, connects rails and in advance"four principles.On this foundation,the conception about"increased the crime","expands the crime","transferred the crime"."a minute crime"is put forward."The financial penalty system consummation"are partial in the third chapter,the article analyzes the establishment and the penalty scope condition to the present financial criminal law system punishment in detail and proposes abolishment of the death penalty in the financial criminal law;and substitution the certain fine system with the ratio system fine system;make the unit fine amount ascertain.1n view of the naturaI person'S finance crime.the article additionally builds"forbids to be employed"the qualifications punishment.In view of the unit finance crime,three qualifications punishments that closing down business and reorganization,the limit is engaged in the service activity and forcing to dismiss should be established At last,the punishment scale should be thinned and in the identical scale,the quantity of the disposition punishment should be reasonable planted.