Font Size: a A A

The Control And Reason Of Fraudulent Crime

Posted on:2014-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q H XieFull Text:PDF
GTID:2296330464459894Subject:Law
Abstract/Summary:PDF Full Text Request
During the formation and the development of the social market economy, a great number of economic crime cases have been induced due to the imperfect operating infrastructure and environment of the market system as well as the insufficient social management and regulation mechanism. Among those economic crime cases, fraud is the most severe and typical one. The fraud cases are increasing year after year with its greater fraud amount and wider activity extent, creating multiple harmful consequences. Not only did it infringe the public and private property, but also it posed a damaging effect to the economic order, and even worse, it will interfere and slow down the development of the social market economy. From the perspective of the judicial practices, fraud has become one of the most difficult and tricky case types, which continue bothering the processing of the law enforcement. In order to have a research on fraud and at the same time, explore the counter-measures, I collected and classified the information about fraud cases from 2008 to 2012 in Shantou Two-level Court. With the first hand information of these cases, I did the summary, comparisons and analysis. With my analysis of the fraud subjects and objects as well as the subjective and objective elements based on the concept and the features of it, I summarized the reasons of fraud in China and gave my own several suggestions to the prevention of fraud.There are three parts in my essay. My first part comes to the investigation and analysis toward the detailed information of the fraud cases in Shantou Two-level Court. I collected and sorted the basic situation of the fraud cases in the Shantou Two-level Court, including the crime numbers, offenders’ information(education level, identity, sexual proportion, and age), criterion of sentencing, types of crime, analyzing data thoroughly and doing the fully comparisons and extracting some characteristics.The second part analyzes the reason on fraud. This part combine the data of part one and analyze the typical case in Shantou, analyze the reason on fraudulent crime in China on the aspect of objective and subjective. Among then, the reason on the aspect of objective include social reason and legal reason. The social reason including the imperfect of socialist system, economy system, the negative effect of commodity economy, the uncoordinated of material civilization and spiritual civilization, the unfair of distribution of social wealth, the irregularities exiting, ect. The legal reason which talks about the reason of fraudulent crime is from the content of legislation, the environment of enforce the law, the management and result of enforce the law and prevention. The aspect of subjective refers to the single reason of fraudulent crime, including the psychological reason of the cheater and the reason of fooled.The third part focuses on the preventive measure of fraudulent crime. I put forward the legislation countermeasure of fraudulent crime, the criminal justice countermeasure, the social prevention countermeasure and punishment of economic fraud and other economic crimes in international cooperation countermeasures. Among them, the criminal justice countermeasure including (a) Established Economic Crime Investigation agencies inside the public security organs, train the specialized personnel to deal with fraud and other economic crimes (b) To establish working mechanism to investigate the case of fraud and other economic crimes (c) Apply the law correctly, distinguish the boundaries of crime and nonprime strictly (d) Make efforts to improve the efficiency of fraud investigation and evidence collection (e) Must resolutely overcome the downgrade phenomenon of punishment instead of criminal.Social prevention measures of fraudulent crime, include (a) Strengthen the theoretical study on fraud (b) Establish and improve relevant laws and management system, strengthen internal control and oversight mechanisms (c) Strengthen legal supervision of economic activity (d) Strengthen social supervision of fraud (e) Strengthen the broadcast of fraud prevention (f) Strengthen moral education.The countermeasures of punish fraud and other economic crimes in international cooperation, including (a) Served on criminal litigation documents (b) Extradition (c) Investigation (d) Handover stolen cash and goods (e) The transfer of criminal proceedings (f) Informed of the outcome of criminal proceedings. In short, the fight against fraud, fraud prevention is a long and complicated systematic project, it need cooperation of the whole community and insist the long run of management, crack down and prevention.
Keywords/Search Tags:Survey and analyze, Social reason, Legality reason, Individual reason, Legislation countermeasure, Criminal justice countermeasure, Social countermeasure, International cooperation countermeasure
PDF Full Text Request
Related items