On The Application Of Qualification In Punishing The Securities And Futures Crime | Posted on:2007-10-09 | Degree:Master | Type:Thesis | Country:China | Candidate:H X Li | Full Text:PDF | GTID:2206360185954352 | Subject:Law | Abstract/Summary: | PDF Full Text Request | Securities and futures crime is a new kind of financial crime. It destroys the administrative order and transacting order of the securities and futures markets hardly, and makes huge damage of investors in the securities and futures markets. Securities and futures crime have an important feature. In the securities and futures crime, the criminals usually commit the crime by their working activities, they always make use of their profession qualification to crime. If their profession qualification was deprived, the criminals will loss ability to crime. The qualification penalty just can play this role. The qualification penalty which deprives of the criminals'profession qualification has unique function in punishing and preventing crime. It's the necessary requirement to perfect the penalty system about treating the securities and futures crime.The qualification penalty has a very good foreground of applying to treat the securities and futures crime. The administrative punishment"Job Forbidden"in the securities and futures statutes establishes good foundation for the qualification penalty's appliance. At first, the qualification punishment can't replace the qualification penalty. Then, the join of the punishment and penalty must be coordinated well in law clauses, applying method and procedure.To supply a gap in the qualification penalty and perfect the penalty system, right recovery system must be set up for cooperating with the qualification penalty. Right recovery means that recovering in advance their deprived qualification while the criminals accord with the legal conditions. It is an encouraging mechanism what can stimulate the criminals to repent and make a fresh start. It is helpful to eliminate the penalty-surplus and protect the legitimate rights and interests of criminals. This thesis will reveal fully the intension and features of right recovery system. Additionally, this thesis also will probe into time-condition, essential-condition, procedure-condition and cancellation in the appliance of right recovery. Unit is an important criminal-subject of securities and futures crime, it must be attached importance. Because the single penal sum is a little difficult to punish and prevent crime, the qualification penalty becomes a necessary penalty. The qualification penalty which applies to unit-criminal can only deprive of the profession qualification which was used by unit-criminal to commit the securities and futures crime.At last, the author makes some legislation-design as a conclusion. The author suggests making some modification in the penal code to set up qualification penalty. | Keywords/Search Tags: | securities and futures crime, qualification penalty, qualification punishment, job forbidden, right recovery, qualification penalty of unit | PDF Full Text Request | Related items |
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