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The Characteristics Of Crime Of Financial Fraud And Its Investigation

Posted on:2008-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:C H ShengFull Text:PDF
GTID:2166360242959355Subject:Law
Abstract/Summary:PDF Full Text Request
Finance is the core of modern economy. The deep research of financial crime is realistic and necessary whether in terms of normal financial order, or based on the consideration of punishing and preventing financial crime. This article explains the question above by analysis of some relative sub-question, and it is expected to make a contribution to comprehend such a question wholly. The crimes of financial fraud are separated from traditional crimes of fraud and financial crimes. The crimes of financial fraud is composed of crimes of fund-raising fraud, crimes of load fraud, crimes of bank bill fraud, crimes of financial certification fraud, crimes of letter of credit fraud, crimes of credit card fraud, crimes of financial certification fraud, and so on. Thus, it's often fallen knowingly or unknowingly into pattern of traditional crime of property fraud, whether we are making law or we are administering law.The research in this paper is carried out based on the criterion with the purpose of resolving difficult problems in judicial practice, not for reaching every aspect, but for detecting in financial fraud.This paper is composed of 5 parts.In the first and second chapter states briefly the issues on the operational knowledge, legislature evolution, concepts and basic characteristics of detailed crime of financial fraud. In the following paragraphs, it carried out a particular and in-depth analysis on the investigation's every specific charge of the crimes of financial fraud in the hope that that can provide reference value for the investigation practice to a certain extent. The first part is the overview of financial fraud. The second part states briefly concepts and the characteristics of crime of financial fraud. The third part gives methods to resolve this problem. The fourth and fifth chapters in this paper devotes to the research on the difficult problems in detecting practice in crime of financial fraud. The author analyzes and provides personal viewpoints upon some specific difficult problems in the application of current eight kinds of crimes of financial fraud in judicial confirmation and penalty, based on the controversial points in relative cases.The article applies semantics methodology and systems theory and comparative method to mainly study its investigational personalities. The author believes that on the complicity issue of crimes of financial fraud, the confirmation of the complicity condition cannot sticks to some certain aspect, and shall be inspected in the common acts of the complicities. It means that the complicity condition shall be confirmed through the main social relationships encroached complicity act.
Keywords/Search Tags:Crimes of Financial Fraud, Financial Crimes, Investigation of Crimes of Financial Fraud
PDF Full Text Request
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