Research On The Legislative Perfection Of Financial Crime In Our Country

Finance is the core of modern economy and lever. The so-called financial crime refers to the financial activities in the field of financial management, in violation of laws and regulations and the relevant provisions, endanger national monetary, financial management system, the destruction of financial management order, if the circumstances are serious, shall be punished in accordance with the criminal law by the criminal law act. China’s current financial crime incidence rate is high, wide, social harmfulness of economic crime, not only to the country caused enormous economic losses, but also seriously undermined the financial order, social harm is bad.This paper is based on China’s current criminal law, the third chapter "the crime of undermining the order of socialist market economy" in fourth, Section Five "the destruction of financial management order crime" and "financial fraud" in the crime is the main research range. The mode of financial crime legislation in China, in the collection of reading to understand the basis of the relevant provisions of home and abroad, puts forward the legislation mode of financial crime in our country’s personal views. At present, the domestic of China’s current financial crime legislation pattern view has three kinds; one is that the legislation mode of financial crime in China is the "criminal law", but that "legislation mode of Chinese criminal law and special criminal law combining", three is "criminal law, especially criminal law and accessory criminal law combined" the financial criminal legislation mode. Defects of China’s current financial criminal law, China’s existing laws, regulations on the financial crime is relatively comprehensive and have certain science, in the legislation the provisions of criminal law and accessory criminal law combined model, on the whole can meet the need of judicial practice fighting financial crime. But there are new types of financial crime, such as futures, securities, trust and other new financial crime, the crime means not to specification complete our current financial criminal law, so the lack of validity of the blow. Another aspect is the financial criminal legislation, lack of coordination, lack of coordination between the laws, sometimes may be conflicting situation. On the perfection of financial crime legislative suggestions. From a legal point of view, should be coordinated between the laws, in order to ensure the integrity of the legal system. Criminal law as a special provision of crime, criminal responsibility and penalty law, should be consistent with the laws of other departments. Avoid department laws or regulations that constitutes a crime, criminal law has not stipulated that the passive situation, lawless. In the economic crime death penalty in setting does not conform to the international trend towards abolition of crime prevention, but also from the objective point of view, little deterrent effect of the death penalty.The author compares the relevant regulations of foreign financial criminal law, based on China’s current criminal financial crime legislation, from the financial crime legislation content, legislation and crime penalty perspective analysis. Some suggestions for perfecting the financial crime legislation suggestions analysis. We should first of all from the macro level coordination between criminal law and related financial laws and regulations inconsistent. Coordinate with each other between the laws, in order to ensure the integrity of the legal system. As a punishing economic crimes of financial penalties, not in and punishment means how harsh, but in the strict criminal law, the criminal psychology, targeted to develop means of punishment, can the effective intensity of fighting financial crime, perfect the penalty provisions, in order to effectively prevent financial crime. Only the financial crime legislation consummation and development, in order to meet the requirements of the development of financial activities, the better for economic development services. The author bases to provide a theoretical basis for the prevention and punishment of financial crime legislation and judicial events, focusing on the perfection of less than a prescribed legal system of financial criminal and financial penalty of our country, it provides a reference for future financial judicial practice and legislation.