The Study On Several Issues Of Financial Fraud

With the continuous deepening of economic reform, the financial sector isbecoming the core of modern economy. The financial sector, as the hub of the capitalflows, play an increasingly important role in China’s economic construction. At thesame time, however, the criminal activities in the financial sector is also sharpincreasing, i emerging more and more new crime. The criminal activities in thefinancial and taxation system commit the largest damage, the financial fraud crimehas become the largest a public hazard in the financial sector. Therefore, in order toprevent and combat financial fraud and criminal activities, highlight the status of thefinancial crime in the Penal Code, Criminal theory of financial fraud separated froman ordinary fraud, making it an independent economic crime. Since1997, theCriminal Law firstly setup the second grade crime, counts of domestic scholarsFinancial Fraud conviction mode, the unit subject of crime, the punishment toconfiguration, the purpose of financial fraud crime of illegal possession, have afierce discussion.Limited to paper space, the author select four problem from the Financial Fraudof both subjective and objective aspects to discuss. They are the Financial Fraud byindirect intentional constitute、the purpose of illegal possession Elements of FinancialFraud、the objects and tools Financial Fraud and the result guilty mode of FinancialFraud.This article is divided into three partsThe first part, the Overview of Financial Fraud Crime. Brief introduction to thelegislative history of the crime of financial fraud and the definition of financial fraud.The concept of Financial Fraud crime is the basis of study of related problem. And ifyou want to elaborate clear the related issue of Financial Fraud Crime, you need tostudy the legislative history of the crime of financial fraud, and bring the way of historical analysis into the paper. In this part,based on the characteristics of the crimeof financial fraud, as well as the Criminal Law regulation of financial crime transferto financial transactions selfishness from the financial management of selfishness theauthor will definate the Financial Fraud as an action that for the purpose of illegalpossession,the actor utilize the method of fictitious facts or conceal the truth to cheatthe relative financial transactor, make them fell into the wrong understanding andgive the funds, financial instruments, other property or services, mainly affects thefinancial order and violation of public-private ownership of property, contrary to theCriminal Code and shall be liable for the behavior of the criminal.The Second part, the study of Financial Fraud Crime subjective issue. The authordescribed two issues of the subjective aspects of the Financial Fraud Crime in thissection. Firstly, whether the Financial Fraud Crime could cause by indirect intent. Theauthor held a negative attitude. Criminal Intention of financial fraud and purpose ofillegal possession should be generated and existence before the actor commit thespecific financial fraud,and the person who join in the financial transactions willhave the misunderstand based on fraud, and commit mistake of delivery of theproperty. In this case, there is no soil which the indirectly intention exist. Secondly,the purpose element of the crime of financial fraud. I believe that the composition ofthe traditional fraud crime treat the purpose of illegal possession as the subjectiveelement, financial fraud crime which born out of the traditional fraud, should treat thepurpose of illegal possession as a subjective element.The third part, the study of Financial Fraud Crime objective issue. The authorstudy and described two problem of the objective aspect of the Financial Fraud Crimein this section. Firstly, the objects and tools of the crime of financial fraud.1, the bankcredit can become the object of the crime of financial fraud?2, whether the object ofthe crime of financial fraud is limited to the property of financial institutions?3,whether the funds, other financial and services are the object of the crime of financialfraud? The second is the result of financial fraud crimes committed mode. Throughstudying the drawbacks of resultant model the author introduce the amendmentsuggestion of domestic scholars on Financial Fraud committed, and by the results of the mode of theoretical discussion, pointed out the e of domestic scholars on theamendments of the Financial Fraud and give my own proposals.