Securities Crime Investigation Forensics Research

Generally speaking,Securities crime does not directly violate personal safety comparing with traditional crime.However,the property loss is much more than traditional criminal cases.From the recent investigation of the securities criminal cases,the amount of money involved often tens of millions, billions,even tens of billions.For example,the amount of money involved in manipulation "zhongkechuangye" securities market is more than 50 billion yuan,Anshan Securities criminal cases employs the amount of money of country loans more than 40 billion yuan,and series cases of Drilon is up to more than 570 billion yuan."Beijing transnational crimes prevention study holded at 2006 and the Anti-Money Laundering and the International Symposium on monetary and financial security",the Ministry of Economic Investigation Bureau,the Securities Crime Investigation Bureau Director Li Aiguo,disclosed It is estimated that at present China's "underground financial" scale is close to 1 / 3 comparing with the formal financial.At present,foreign scholars have thorough study on the securities crimes which is of a very important guiding significance in prevention and control securities crimes in practice,but still can not fully meet the needs of practice, Even in Japan where criminal investigation in securities criminal cases study earlier and fully,It is far from meeting the needs of the investigation,It Japan the average detection rate is very low Securities criminal cases less than 10 percent,far lower than the average 23 percent of the ordinary criminal cases.Due to securities industry's coming is late.It's research is late subsequently.Recently with the rapid development of the securities industry and a variety of illegal and criminal activities in the securities market.some scholars and substantive departments of the securities crime began to research its prevention and control,particularly on the basic concepts of securities crime,the basic characteristics of the specific issues of securities and criminal investigations.However,due to securities crime as a interdisciplinary of economic law,commercial law,criminal law,criminal investigation,at present, the depth and breadth of research is obviously insufficient,it is far from satisfying the securities to combat criminal activities,particularly the urgent need in capturing the evidence of Crime Investigation in securities criminal cases.Although the Ministry of Public Security set up a special Crime Investigation Bureau and Bureau in Beijing,Shanghai,and other six stations which illustrate the determination to prevent and fight against securities criminal activities.It is lack of expertise,theoretical research and many other issues.Do research about criminal investigations and capturing evidence in securities criminal cases.In legislation,it is contribute to improvement of the Criminal law and the Criminal litigation law;In theory,it is help to the systematic of the study of criminal investigations in securities criminal cases; In practice,It is contribute to a better and more effective prevention and control of the increasingly rampant securities criminal activities.This treaty tries to study the theory and practice about criminal investigations and capturing evidence in securities criminal cases more systematically.In this paper,the major research methods contain comparison,data analysis,literature reference,economic analysis,cases analysis and so on.In a word,securities crime is a new type of economic crimes,on the investigation and capturing evidence in the securities criminal cases,we must be familiar with the processes of securities business,must be seriously study the characteristics and the characteristics of evidence of this crime,which targeted to research and take measures to find the appropriate starting point, choose practical strategies,methods,means and measures that can be effectively cracked the securities crimes.This paper also addresses the practice of criminal investigations in securities criminal cases,the difficulties maybe encountered in the investigation and capturing evidence,and analyze the causes profoundly,also made a corresponding countermeasures against all aspects of erroneous tendencies that may arise,the attention to the issues and requirements need to pay.This paper is divided into eight parts,and about 42,000 words together.The first part,This part studys the brief research on the investigation and capturing evidence in the securities criminal cases.Part of this is the starting and ending points of the whole thesis.This part clarifys the securities crimes evidence on the status of the investigation and study,as well as the value of the necessity,importance and feasibility analysis.The second part,This part studys the underlying issues related to capturing evidence in the securities criminal cases.Part of this is the basis and premise of the whole thesis,clarifying the Securities concept of crime,the characteristics of securities criminal cases,the concept of securities investigation and capturing evidence in the securities criminal cases.The third part,This part studys the principles of the investigation and capturing evidence in the securities criminal cases.This part clarifys that in seeking truth from facts,relying on the masses and the legitimate evidence, the rapid and timely,active,conservative secret,and fignt as well as protective, and so on eignt principles in all.In partⅣ,This part studys the characteristics of evidence,evidence strategies and approaches in the Securities evidence of criminal cases.This part Clarifys the securities crimes investigation of the characteristics of evidence and evidence,the evidence securities crimes is a prominent characteristic of documentary evidence and the testimony of witnesses and having documentary evidence in the securities criminal cases,to find and prove evidence difficultily,in the course of the investigation for detectting evidence,is a prominent characteristic of evidence in the Securities criminal cases;because of the special nature of the securities criminal cases,there are two main categories in the securities crime investigation forensics pathes:the first category is the suspect objects,and the results having been relatively clear,ours duty is to confirm the key means of the crime,and gather evidence at the same time in the implementation of the criminal acts;second category is that a crime clearly requires investigation to find the suspect objects,and collect evidence to support the implementation of the criminal acts.We often say the latter is the investigation method of from things to persons.In partⅤ,This part studys the methods for collecting and preservating evidence in the securities criminal cases.This part Clarifys the computer evidence and the documentary evidence is responsible for the collection and preservation methods,briefly studied the testimony of witnesses and material evidence,conclusions,sound recordings,films and other audio-visual materials collection and preservation of evidence,and the problems in the investigation for detectting evidence in the Securities criminal cases,which arose difficulties in practice,should be in caution.In partⅥ,This part studys the measures of investigation andcapturing evidence in the securities criminal cases This part clarifys the questioning and investigation,a brief study of the coercive measures,freezing the deposits, remittances,recovered and search measures.In partⅦ,This part studys the causes and countermeasures of the difficulties in investigation and capturing evidence in the securities criminal cases.This part clarifys the nature of the securities is difficult to capture evidence in the securities criminal cases;to find clues and evidence is difficult in the investigation of the securities criminal cases,the source of less restrictions on the jurisdiction of the investigation organs;proving evidence is difficult;permitting reconnaissance team is still at the beginning of the construction,lack of expertise and investigative environment is not good, beyond interference in capturing evidence in the securities criminal cases is difficult in the securities criminal investigation,and for the above reasons put forward measures:strengthening the relevant legislation,and perfecting the legal system in the securities investigation and capturing evidence in the securities criminal cases,strengthening reconnaissance teams and raising the quality of the investigators and stepping up publicity,to broaden the resources of it.The last part is the conclusions,securities crime is a new type of economic crimes.On the investigation and capturing evidence in the securities criminal cases,we must be familiar with the processes of securities business, must be seriously study the characteristics and the characteristics of evidence of this crime,which targeted to research and take measures to find the appropriate starting point,choose practical strategies,methods,means and measures that can be effectively cracked the securities crimes.