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Research On The Criminal Legislation Policy Of Financial Crime In China

Posted on:2015-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:C J HuangFull Text:PDF
GTID:2296330503475137Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The recent global financial crisis causes serious concern from global legal institutions,especially the legislative branches. In 21 st Century, financial activities are categorized into criminal law system and are gradually becoming specific. In recent years, the situation of China’s financial crimes is very serious, it increasingly become specialized, intelligent,secretive, and collected. Overall, the current research on financial crime is more focused on the perspective of legal practice, not on legislative research. China lack of criminal legislation on financial industry.This article emphasizes on the close relations between financial crime prevention and criminal legislation has close financial relationship. A comprehensive legislation can provide direct financial and criminal legal basis for the effective prevention of financial crimes. First,this paper seeks to explore the basic theory of the financial system of criminal legislation, and give an introduction on the legislative system and legislative policy, to show the current situation of China’s financial legislation policy from the macro level; Secondly, this paper analyse the current legislative status of specific financial crime, pointing out the reality of the difficulty of China’s financial Crimes and criminal legislation facing. This paper also select financial concepts and policy in United States and Germany and other countries as a reference for criminal legislation. The author expect to get a positive inspiration through comparative study. Finally, the paper points out that China’s criminal legislation on finance still must adhere to the correct political values, to ensure the human rights protection, to prevent excessive national standard and power abuse based on the changes in the characteristics of financial crime changes.The paper argues that the criminal law legislation fully diversified subsidiary of criminal law, criminal law, such as a single line in punishing financial crime advantage, complemented by specific legislation designed to ultimately form suited to China’s Criminal Legislation financial policy.
Keywords/Search Tags:Financial Crime, Financial Criminal Law, Legislative policy, Criminal legislation
PDF Full Text Request
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