Substantive Law Logical Approach To Financial Fraud In Crossing Criminal

Crossed cases of civil law and criminal law can be divided into the cross on The procedural law and the cross on The substantive law. The cross on The substantive law also can be divided into conflict of criminal law and civil law and overlap of criminal law and civil law. While, overlap of criminal law and civil law cross based on the processing result can be divided into only the front law of criminal law to resolve and need to be investigated for criminal responsibility according to law. For the financial fraud cases of the cross on the substantive law, we should adhere to the logical route that the civil law is first, then is the administrative law, and the last is the criminal law. That is to say when the civil law and administrative law may adjust enough,the criminal law can not directly involved in, the legal sanction for the Illegal behavior,only the lack of civil and commercial adjustments can use administrative punishment, only the lack of administrative law adjustment can use administrative punishment. The use of penalty should be proper, necessary and benefit. It is because financial fraud crime legislation has a properties, financial fraud itself has a weak immorality, condemnation, and the parties always have fault. Meanwhile the criminal policy of financial fraud in China is into selfish departmentalism financial transactions, the main body of a financial transaction equal protection, comprehensive control of socialist transformation. And civil, administrative sanctions also has a dual purpose of retribution and prevention. For legal rules in civil law, even in Conform to the crime constitution also do not need to use the criminal law. And clear the limits of administrative punishment and criminal punishment should mainly consider the actor’s subjective malignant degree, the possibility of civil relief and the will of the victim, etc. Even when it beyond the civil law adjustment need to be investigated for criminal responsibility. Effective reasonable civil liability may have great influence to the criminal responsibility. So the relief of the criminal suspect should also be concerned, as far as possible to the criminal suspect cannot make up for losses to a minimum. The civil law first, then the administrative law, the criminal law last need a certain social basis. That is to say, the non-criminal prevention mechanism should become the main aspects of financial crime prevention mechanism. The perfection of civil, economic and administrative means of prevention, cohesion and institutionalized.