The Competition And Cooperation Relationship Between Financial Swindling And Swindling-From The Viewpoint Of Penalty Of Fiancial Swingdling

The arguement of concurrence between financial fraud crime and fraud crime,from the initial viewpoint — — enactments overlapping,which proposed apply capital felony or apply the special law,to the viewpoint of imagination co-opetition and the viewpoint which approve do not distinguish imagination co-opetition and enactments overlapping,when dealing with the relations between the two crimes have been unable to get a more definitive answer.For the treatment scheme for relations between the two crimes.this article start from the entity relationship between the financial fraud crime and the fraud,to analysis the special and general relations between the two crimes,then we find the dividing line between them is not clear,there is a kind of transitional behavior,thus leading to the original understanding of relations between the two crimes actually exists some deviation,even some scholars think that there is no reason that can make financial fraud light than fraud,argues that applicable statutory crime sentencing.Actually,from theoretical analysis,the relation between two sins do not focus on the resolve of this kind of relationship,but it is focus on the question if term of penalty is reasonable,therefore this article choose the rationalisation of the term of penalty to be the object.From the analysis on the characteristics of the financial aspects of financial fraud,to find the financial fraud,in fact,is a kind of damage to the financial management order,and this management order damage concrete embodiment of the damage to the order of risk.Risk as one of the characteristics of financial,are embodied in the uncertainty of profits or losses,so if there is no financial fraud,property rights and interests of investors will neither protected tightly,property damage is a kind of parties of pursuing of financial income,therefore property losses in the financial fraud do not have punishable higher than frand.From another side,to the analysis of risk,the risk order destruction inevitably accompanied by the destruction of property rights,the relationship between them decide,which in the process of financial fraud property rights belong to part of the risk order,so for the protection of property rights is not a legal interest of financial fraud,but a kind of representation of risk order.On for the purpose of illegal possession,financial fraud and fraud performed difference,there should be a distinguish about them,concluded that the purpose of illegal possession of financial fraud in the broadest sense of the term.After analysis of the characteristics fully in theory,in practice there are qualitatively similar facts,first of all,from the set of sentences,observe the legal punishment of financial fraud are below the legal punishment of crime of fraud,from the concrete case,the financial fraud exist obvious differences on the calculation of the crime amount,the financial fraud more attention the actual loss brought by the crime,this point is the embodiment of an increased risk.From the aspects of legal interests,the financial fraud under the charges are very different in form,but summarize all the performance are in change of legal interest around the risk order.For the purpose of illegal possession also conforms to the verification in practice,it is also subdivided under the financial financing,securities,insurance,and other fields,in all areas have different characteristics.From the theory and the phenomenon of above,we get the conclusion,that between financial fraud and fraud should be impossible make imagine concurrence relationship established,but law competition relations,and financial fraud crimes set is reasonable,we shall follow the provisions of special law is superior to the general law,to meet the principle of adaptation.About the transitional behavior shall adhere to use special law,and adjust it little heavier on the sentencing,but it need limited by the amount of crime of fraud.About financial fraud's purpose of illegal possession,put forward to legalize high risk information disclosure obligations,and gradually reduce the financial fraud legal punishment.