Font Size: a A A

On The Crime Of Illegal Operation Of Securities

Posted on:2017-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:L JiaoFull Text:PDF
GTID:2206330485467679Subject:legal
Abstract/Summary:PDF Full Text Request
With the gradual improvement of the market economic system and relative maturity of the securities market in recent years, the securities crime is more and more frequent. Securities business cases without permission often occur, which not only disturb the order of the regulation and management of the securities market, but also damage the interests of the investors and shareholders. Therefore, on one hand, it is necessary to rely on relevant laws and regulations for regulation, and on the other hand, it is also necessary to regulate this kind of criminal behavior through the criminal law. On December 25,1999, the standing committee of the National People’s Congress enacted the law of the People’s Republic of China criminal law amendment, which amended article 225 of the criminal law. Illegal operations without the approval of the relevant state departments on securities, futures, or insurance business, if the circumstances are serious, constitute the crime of illegal business. But in judicial practice the expansion trend of the crime of illegal business appears, which causes the attention of the academia. On this background, in order to accurately determine and effectively combat the crime of illegal securities business in the judicial practice, in this paper, a targeted research has been made on the crime of illegal securities business.The first part of the article mainly introduces the legislation outline of the crime of illegal securities business, including the legislative background and the main content of Securities Law, the rules, legislation background, and the characteristics of the legislation of the crime of illegal securities business in Criminal Law.The second part of the article is in view of the constitutive requirements of the crime of illegal securities business. First is the object of this crime, respectively to analyze the congeneric object and direct object of this crime, and hold the view of regarding securities market access order as the direct object of this crime. Second is about the objective aspects of this crime. Respectively defining the meaning of "violating national regulations" and "without the approval of the competent department of state" according to the Securities Law and Criminal Law. Make the standards of illegal securities business behavior clear and list some common forms of illegal securities business behavior in judicial practice. For the serious standards of the crime, pointing out that the current standards are the amount of illegal business and the amount of illegal income. Third is about the subject of crime. For the need of complex criminal cases in judicial practice, the problem of the distinction between the unit crime and natural person crime can be solved through the analysis of natural person and unit as crime subject and the provisions of the existing judicial interpretation for the unit crime. Fourth is about the subjective aspect of this crime. This crime is directly intentionally subjective and there is also possibility of illegality cognition.The third part of the article is to solve judicial cognizance problem of this crime. First is about the accomplishment of the crime and the attempted crime according to the related academic theory. Second is to analysis the joint crime from the different aspects of constitutive requirements. Third is about the differences between this crime and relevant crimes from the different charges of the constitutive requirements of crime, especially the crime of fraud, the crime of issuing shares without authorization, the crime of setting up financial institutions without authorization, in order to solve the applicable problems occurred in judicial practice.The fourth part of the article is suggestions to improve the judicial interpretation and criminal legislation. In order to apply this crime more scientifically, the serious and especially serious standards should be clearer through judicial interpretation, the plot criterions for the conviction should be more canonical; to improve the punishments of the crime of illegal securities business, the fine punishment regulations of A natural person and unit crime should be more coordinate.The fifth part of the article is the summary of the paper.
Keywords/Search Tags:the crime of illegal securities business, constitutive requirements, judicial cognizance, improvements on criminal judicial interpretation and law
PDF Full Text Request
Related items