Font Size: a A A

The Discussion On The Financial Crime Object

Posted on:2012-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2236330368976991Subject:Law
Abstract/Summary:PDF Full Text Request
The term of market economy belongs to the scope of the relations of production, and financial crime is a product of economic development. Referencing the history of capitalism hundreds of year’s economic development, financial crime types are increasing and booming. But all the researches of financial crimes are focus on the financial crime charges, which puts too much emphasis on the comments of financial crime legislation and judicial explanation, but failed to pay attention to the study of the basic theory of financial crime. And the reason why the author is interested in studying the basic theory of financial crime is that this study plays a guiding role in financial crime conviction, for both lawmakers and judicial person.On the basis of definition of financial crime, this paper first briefly introduced some basic theories from domestic to foreign.In these theories there are two doctrines have vast influence--the social relations theory and the law benefits theory. As a faithful follower of the law benefits theory, the author’s discussion with financial crime object in this article has always been based on the law benefits theory. The core content of this paper is try to demonstrate the scientific reason and rationality for the law benefits theory as a financial crime object. The argument in this part will be departed in three contents:1 crime law benefits of objects(demonstration the relationship between the law benefits and social relations); 2 the essence of crime is the violation of law profits; 3 the object of financial crime is the violation of legal interests infringed, specifically for financial order violation (this part clear the dialectical relations between the law benefits and the order).Through my own learning and discussion, the author hope can put the financial crime theory into the practice, thereby we can be aware of the guiding effect of this theory in judicial activities.
Keywords/Search Tags:The social relations theory, The law benefits theory, Order, Financial order
PDF Full Text Request
Related items