The Study On The Crime Of Fraud In Financial Certificates

Finance is the core of modern economy, which plays an important role in nowadays economy. As a high-risk industry, if the financial problems occurred that would be seriously implicated the national economic and social stability. Various financial crimes are the unfavorable factors in financial system, such the crime of fraud in financial certificates is a typical example. But with the rapid development of the financial industry, the provisions of financial certificates fraud of Criminal Law are unable to meet the times and the demands of economic development, coupled with the reform of clearing and the development of electronic commerce, the provisions of Criminal Law could not be covered the new emergence of this crime. Therefore the crime of fraud in financial certificates that needs a systematic and forward-looking research.This dissertation is mainly composed of three parts, including introduction, body and conclusion. There are four chapters in the body.Chapterâ… is an introduction about the crime of fraud in financial certificates. And reviewed the legislative history of the crime after analyzed its definition.Chapterâ…¡is composed of four sections that according to the four elements of the constitution China's Criminal Law, and then analyzed object, objective elements, subject, subjective elements. Especially, the objective and subjective elements have more detailed study with judicial practice.Chapterâ…¢is an analysis of judicial difficult of the crime. This chapter captured the actual typical cases and focused on the difference between the financial documents fraud and other similar crimes, and then on the basis of this detailed analysis.Chapterâ…£is some legislative proposals of the crime of fraud in financial certificates. Based on the above content, the author give three aspects of the legislative proposals due to the financial development and new judicial practice: increase the perpetrator of this crime-like state, the expansion of the scope of targets of the crime, prohibit additional crime - The punishment for practitioners.Prevention and containment of the crime of fraud in financial certificates is a systematic project, only the provisions of the Criminal Law is not enough, what is more important is to strengthen the financial management system, financial supervision from the perspective of preventing and reducing the occurrence of this crime.