On The Legislative Improvement Of The Futures Crimes

According to the discipline systems, the futures crimes can be studied from the perspective of criminology, which includes the phenomena, causes and preventive measures, as well as the perspective of Criminal Jurisprudence, which includes the culpabilities and the criminal liabilities. The latter can be classified into two aspects: one is the legislative theory and the other is hermeneutics. The legislative theory is about the legislative policies and the legislative techniques and the hermeneutics is about the interpretation and the execution of the criminal law. Admittedly, all the classifications above mentioned are the idealistic ones. Factually, on making the study of the futures crimes, we can not do that from only one of the perspectives, but take both aspects into consideration. The difference lies in the preference we have in different case. What this article researches into, on the basis of our Criminal Law and juridical practices and on purpose to ascertain the criminal policies and improve the legislative techniques, belongs to the matter of legislative theory.The first thing for studying the legislative improvement is to study its object, the futures crimes. There are two important things. Firstly, the conception and the definition of the futures crimes are the critical elements of determining the range of legislation. Secondly, the essence of the futures crimes, which acts as the ground of criminalization, play a critical role in the location of value orientation and the choice of the basic position. According to recognition of the essence, this article divides the futures crimes into two types, the first is the one invading the administrative orders of futures markets, and the second is the one invading the trade order of futures markets.To improve the legislation of futures crimes, we should review the legislative history of our country and refer to the legislative situations status quo of foreign countries. That does help for us to understand both the native actualities and the international tendency.The legislative techniques of futures crimes consist of the macroscopic ones and the microscopic ones. The macroscopic one is composed of the techniques such as legislative model, accusation systems, etc. The question of legislative model is about the forms of the legislation of futures crimes. That is to say, this is a question that what forms, the criminal code or the special criminal law, the futures crimes should be provided in. The accusation systems include the outer systems and the inner systems. The former question focuses on the relationships between the futures crimes and the securities crimes. The main points of the latter question include three parts: how to deal with the relationships between commodity futures crimes and finance futures crimes, how to set the crime circle reasonably and how to distribute the accusations in the specific provision of our Criminal Law. The microscopic one is composed of the techniques such as fundamental structures, penalties configurations, etc. As far as the fundamental structures concerned, this article has a specific discussion of the subjective structural conformation and the objective one. As far as the penalties configurations concerned, this article concentrates on the question of penalty categories.