Research On Criminal Legislation Of Financial Security

Nowadays, the economic globalization and the financial deregulation are following, financial flows is becoming more commonplace, under this situation, financial crimes show us some new characteristics, it becomes more international, more networked, and more technological. So the financial crimes become more harmful. Gradually, the financial security has got high- attention worldwide. While, the Asian economic crisis that outbroke in 1997 informed our nation to pay much attention to the financial security. The fact we can not deny is that the challenges of financial security we faced are unprecedented, so the protection of financial security becomes an urgent affairs for our nation. This paper analyses the crime of harming financial security which is a new crime concept from the view of penal legislation. This paper hopes to make some contributions to the national penal legislation of the financial security.This paper has 4 parts. The first part introduces the financial security, through investigating the concept,the characteristics and the current problems of financial security, the paper gives us a definition of the financial security, that is, under the globalization, one country has the ability to resist the threats and attacks from home and abroad, has the ability to protect the financial system and sovereign rights, has the ability to maintain the normal operation and development of financial security.Under the current situation, we find financial security’s four characteristics, it has extensive influential factors, it has serious aftermaths, it is public, it is linked and it is international. Moreover, judging from the interior of national financial system, we find that the financial system is not perfect, financial industry structure is not reasonable, financial message system is lagging behind and the financial is law vacant, meanwhile, from the external, we find that the international payments imbalances, the strengthening of financial globalization, the “Hot Money” and the spreading transnational financial security crimes also bring risks to our national financial security.The second part analyzes our national financial security in the context of criminal law. Firstly,the paper compares traditional financial crime with this new concept, crime of harming financial security, and finds that both financial crime and crime of harming financial security are belong to the academic concepts. Besides, they have lots of coincident specific accusations which have harmful effects on financial security and financial market’s normal order. However the legal interest that protected by crime of harming financial security is much superior than the financial crime does, the crime of harming financial security focus on financial security and even national security. The crime of harming financial security is not only likely to occur in the interior of financial system, is likely to cause harm to the financial security from the external of financial system, and then damage society seriously, so the crime of harming financial security often associated with national security. Next,the paper explains the concept of the criminal law function, introduces its utilization among the crime of harming financial security and the limitations of itself. Finally, the paper concludes that the criminal law function contributes to maintain the stability of the national financial security, but the function’s effects should not be exaggerated.The third part discusses the domestic and foreign legislation of the crime of harming financial security. In this part, the paper investigates the legislation of crime of harming financial security in four countries, Germany, Japan, America and British., and introduces the related content of crime of harming financial security in the national current legislation. From the view of comparative penal jurisprudence, through analyzing domestic and foreign criminal law’s differences and similarities among system arrangement, accusation setting and punishment deployment, this part gets some enlightenment about perfecting legislation of crime of harming financial security in order to affords some benefit references and lessons for us.The last part presents some conception of perfecting the penal legislation of financial security. Depends on the former parts, the paper explores the function of the criminal law and the perfection of penal legislation of financial security from the aspects of legislation mode, system management, accusation setting and punishment deployment. Our nation should take meaningful measures to maintain the national financial security in criminal law. Such as based on reducing the life imprisonment or set term of imprisonment, raise the proportions fine system properly, increase the amount of mulct, and at the same time, supplement corresponding qualification penalty.