On The Legislation Improvement Of Crimes Of Fraudulence Involved Bank's Scope

The crimes of fraudulence involved bank's scope are both crimes of fraudulence involved financial scope and the subclass of crimes of bank. However, the law circle in our country has confused the crimes of fraudulence involved financial scope with the crimes of financial fraud for a long time, and moreover we still lack the independent orientation on the crimes of bank. Therefore, the crimes of fraudulence involved bank's scope demand more independent and more systematic research. The crimes of fraudulence involved bank's scope is the byproduct of the financial development. Now, the type and form of the crimes of fraudulence involved bank's scope have expanded gradually. with the gradual improvement of the financial liberalization, innovation and internationalization, especially with the complete opening up of the domestic banking. As a result, it has full necessity to regard the crimes of fraudulence involved bank's scope as an independent object of study and to make a systematic analysis on it.The thesis falls into four parts. The first part mainly makes an analysis on the concept and the classification of crimes of fraudulence involved bank's scope. Commencing with the definition of such two superordinate concepts as the crimes of fraudulence involved financial scope and the crimes of bank, it arrives at the following conclusion: crimes of fraudulence involved bank's scope refer to the conduct of making up the facts and keeping back the truth in the processes of bank dealing and bank management; they are crimes that gravely jeopardize the bank order and that are serious enough to be investigated into the criminal responsibility. Meanwhile, according to the different criteria, crimes of fraudulence involved bank's scope can be divided into real and unreal crimes of fraudulence involved bank's scope, crimes of fraudulence of both financial institution type and generalized type, crimes of fraudulence in both bank management and bank dealing.Based on the systematic comb of the evolution of legislation, the second part makes a legislation evaluation from mainly three respects as the idea of legislation, accusation setup and penalty configuration. It holds that legislation of crimes of fraudulence involved bank's scope is dominated by two impeded ideas: financial management monetary standard and single criminalism. Under the affect of them, in accusation setup legislation takes on one-sidedness and nature losing reason, and in penalty configuration it has such problems as more severe penalty overall and imbalanced penalty kind and structure.The third part chiefly probes into the legislation improvement of the crimes of fraudulence involved bank's scope in accusation setup. It maintains that legislation improvement in accusation setup demands a correct regulation of the relations between three couples of categories: law localization and internationalization, financial stabilization and development, stipulation of criminal code and affiliated criminal law. Based on this, a lot of suggestions on legislation have been put forward, such as setting additional "fraudulent crime of exposing bank information "and "fraudulent crime of escaping and abolishing financial debt", regulating the law-making limit of "crime of illegal absorb public saving" and the scope of upstream crimes of "crime of money laundering".The fourth part mainly discusses the legislation improvement of the crimes of fraudulence involved bank's scope in penalty configuration. Starting from two angles as the necessity and feasibility of penalty configuration, it advances that less severe penalty is the general idea of penalty configuration on crimes of fraudulence involved bank's scope. Then, combined with the characteristics of crimes of fraudulence involved bank's scope, it develops an in-depth analysis of some specific problems: the legislation setup of fine penalty and qualification penalty.