The Research For Some Issues Of Financial Fraud

In recent years, the rapid development of the financialeconomyhasbecome the core of China’s economic system, and its importanceis self-evident, however, with the rapid development of China’s financialindustry brought financial fraud is frequently occurred the "sideeffects" of the high-speed development of the financial and economic, andserious harm to the development of China’s financial regulatory systemand the social credit system, extremely negative impact on our economicdevelopment. Therefore, in the case of the development of economic andfinancial globalization, in-depth study on Financial Fraud has beenextraordinarily important. The author after graduating from the schoolhas been working as a solicitor, handle many cases of financial fraud inthe meantime, found in judicial practice, the boundaries between crimeor no crime,this crime and other crimes or difficult to accurately define.Before, more scholars research priorities focus on the meanings of theFinancial Fraud subjective purpose, whether you want it as a subjectiveelement, and so on, these aspects of the study accurately identified theFinancial Fraud or limitations. The author participated in theorganization of the Shanghai Bar Association seminar of the FinancialFraud, emotionally, to have a new perspective to the theoretical part.Thus, the theoretical basis of this paper will be financial fraud as a starting point to make in-depth, comprehensive analysis and research onthe Financial Fraud several problems, and to make relevant the legislativesuggestions and judicial recommendations. To this end, I intend to studyfrom the following aspects.The first chapter, I start from the subjective purpose of the FinancialFraud, which focused on Financial Fraud "illegal possession for thepurpose of" generation time as well as the formation of the Elements. Ibelieve that "illegal possession for the purpose of judicial practice"generation time and the formation of the elements of these two elementscan help to more accurately identify the Financial Fraud.The second chapter, the author is from the main body of the Financial Fraudpaper mainly discusses the provisions of the crimes committed by unitsof Loan Fraud, Financial Fraud Credit Card Fraud and Securities Fraud,when units of the above acts of the problem of how to deal with. I believethat, as soon as possible to improve the legislative creation of a unitsubject of a crime.The third chapter, the author Abortive Form of financial fraud from thestart, mainly discussed the Financial Fraud as the amount committed,whether the existence of the crime of attempted morphology, as well asthe judicial determination of the morphology of the crime of attemptedstandard.Chapter Four, the author of the analysis of the issue of Financial Fraudfoothold, proposed gradually simplify the Financial Fraud, and evenre-classified to defraud to additional practitioners prohibits ofeligibility punishment legislation suggestions, and proposed theestablishment of a financial criminal court judicial recommendations.