The Creative Study Of Financial Criminal Legislation And Prevention Of Financial Risk

Financial criminal legislation is to adjust the crime in the financial field ofcriminal law system.It is using legal method of state to control the financial systemrisk to safeguard the stability of financial order.Financical crime is the importantfactor to speed the financial risk,and the criminal law is an effective tool to punishfinancial crime and reduce financial risk.It guides the financial activity subject toparticipate in market competition rationaly by against crime.It is so as to regulate thefinancial market order,to optimize the allocation of financial resources,to reduce thefinancial risk for the negative effect of the economic system.According to thiscondition,the paper will put the financial risk factors into reform of financial criminallegislation.It will discuss the relationship of the financial risk and criminallegislation,perfect legislative idea,legislative principles of financial crime,thelegislative mode and crime system,system of punishment etc.Full text is divided intofive parts:The first part:The summary of financial risk and financial criminal legislation.Itpoints out that the financial risk is a kind of both economic benefits and ecnomiclosses of uncertainty and financial crime is just irrational use of uncertainty of thefinancial risk.Criminal law break down the financial crime through the inerbention offinancial activities,achieving the purpose of prevention and control the financialrisks.This requires financial criminal legislation to respect fully the market’s rules,andsecurity playing runction of seeking the balance of financial security and financialbenefit.The second part:the financial risk and financial crime and legislative principles.Inthis part,it points out that the China’s legislative idea of current financial crime isrelatively backward and it can not adapt to the form of financial development,thus itlegs obviously in the aspect of the financial risk control and prevention.By theanalysis,one believes that our financial criminal legislation should establish thehumanistic ideas,innovative concept,idea of overall situation,concept of credit andunder the guidance of the four kind of ideas,one establishes the three legislativeprinciple:the nature of last,humoniousness and the benefit.Only under the scientificlegislative idea and principle of legislation,guidance of the reform of legal ourcountry’s financial criminal legislation may achieve the qualitative over. The third part:legislative mode of financial risk and financial crime.It points out inthe part that scientific model of legislation can accurately reflect the nature of thecrimeand inprove the effect of legal application.This part by the comparative analysisof financial criminal legistion mode of each country of the world,demonstrates thepros and cons of the model of various legislation for financial crime.In combinationwith the actual situation of the current financial development of our country,it isrecommended to adopt the affiliated financial criminal legislation as the priority andthe legislative model of financial criminal legislation as subsidiary.The fourth part:The criminal system of the financial risk and crime.It points out inthis part that system of crime bears the content of financial crime,and this system is aspecific standant to judge a crime or not.It includes two contents:one is constructionof sinful nets for financial crime,the other is constructive element of financialcrime.From the perspective of the prevention of financial risk,there are three aspectsof work of reform nddely to do in own system of financial crime:from an act,financialviolation of law into financial crime moderately,moderation of non-crime for financialcrime,reasonable definition for the nature of financial crime.Form the consideration ofthe3levels to strenghen the construction for the network of financial crime.To perfectconstructive element of the financial crime by the subject of the financialcrime,subjective propose and the forms of crime.The fifth part:coordination of penalty with the financial risk and financial crime.Inthis part in points out the penalty function for its inervenion to prevent financial riskof management and to offer value basis.Financial crimal legislation set up some sortof criminal cost through the construction of the penalty system for financial offendersexpected and so it guides financial activity subjective rationally to participate inmarket competition,an thus it achives the prupose of reducing credit cost an raisingsatety coefficient of financial activities.According to the three aspects of weighingpenalty of financial crime of our country.This part analyses the legislative defects ofpresent stage and proposes to going into particulars of sentences,scientific cordinationwith punishments,setting reasonabely sentencing range for reforming the punishmengtsystem of financial on above mentionde.