The Study On Unit Crime Of Fianancial Fraul

Finance is the core of modern economy.Ensuring finance sustainable development,it is firstly to crack down on unit crime of financial fraud for typical financial crime.To study the problem about the perfect legislation and judicial application of unit crime of financial fraud is a top priority of financial criminal legal system construction,and is very useful to maintain financial order,financial security,financial high efficiency and financial stable operation.This paper,in the perspective of legal problems on financial fraud crime,through the back of the legislation history of the financial fraud crime,utilizing the examples of argumentation,citing of argumentation,and comparsion of argumentation and such ways,studies on financial fraud crime's definition,some problems of unite crime,and keeps pace with the times to make advices on the legislation and administration of justice:The first chapter is the overview of financial fraud crime,as the theoretical basis of the next chapter,which is composed of three parts,the legislative history,the definition and the legal articles competitive application.Financial fraud crime was not in the criminal law at firstly,along with the establishment and perfection of financial market in our country,and has undergone the process from scratch to gradual improvement.To define financial fraud crime exactly,needs to seize the two important properties:the one is the complex object of financial fraud crime,that is the main object of the financial order and the secondary object of public or private property ownership;the two is behavior of financial fraud crime,the same with the fraud, has the characteristics-"fabricate the fact and conceal the truth".About the legal articles competitive applications of financial fraud crime and fraud crime,Judicial practice has different options to judge "the crime or non crime"and"this crime or that crime".The author expresses her point of view on the basis of comparative analysis of advantages and disadvantages of the options.The second chapter is the question on constitution of financial fraud crime's crime of unit,which is composed of five parts, characteristic and origin of unit crime's frequent ccurrence,the current situation of legislation and problems,the controversy, the views of the author and illegal possession of unit crime. The author integrates and systemizes characteristic and origin of unit crime's frequent ccurrence firstly,then discusses the question on constitution of financial fraud crime's crime of unit.The subject of financial fraud crime can be composed of the natural person and unit,but unit can't can not be the crime of loan fraud,the crime of credit card and crime of fraud,then how to give criminal sanctions when unit has implement the three types of criminal behavior?The author gives the example of the crime of loan fraud,and tells there are three views on the academic and practical circles:negative view,positive view and compromise view.Negative view is that neither units or individuals should be given criminal sanctions.Positive view is that units should not be given criminal sanctions,but individuals should be convict of loan fraud. Compromise view is that individuals should not be given criminal sanctions,but units should be convict of contract fraud.The author agrees with the positive view on the basis of analysis of academic and practical flaws about negative view and compromise view.Prerequisite on identifying purpose of illegal possession of unit crime is "financial fraud crime takes purpose of illegal possession as subjective elements".Identification method is that,firstly,a decision is made by unit leadership or partial persons in charge on their clearance level by themselvies or authority,if the answer is yes,that is unit will,secondly,using judicial presumption to identify crime psychology of unit decision makers carefully,that is whether they has illegal possession purpose or not.The third chapter is the advice of law rules and regulations about unit crime of fianancial fraul,which is composed of two parts, the legislative advice and judiciale advice. About the legislative advice,The author proves special criminal law mode on the developing situation of finance.There are two parts of judicial suggestions:in the first partjudicial presumption is a kind of judicial technology that can identify the purpose of illegal possession about financial fraud,it has high feasibility,but has large limitation at the same time,needs to standard application conditions and procedure,the author suggests to improve relevant laws and regulations,set supporting operational guidelines.In the second part,the author proposes to establish integrated mode of public security organs and strengthen the cooperation between the judicial authority and all circles.The two measures achieve the greatest degree of fighting and prevention of financial crimes by the integration of resources.