Prevention And Punishment Of Public-related Financial Crimes

With the rapid changes in the domestic economic situation and the demand for cyclical fluctuations and instability,especially with the deepening of the globalization process,as well as the reality of social governance and governance capacity of childish and lagging behind,in different periods of our country and In different regions,there have been cyclical,large-scale,long-term,harming a huge stake-type financial irregularities or stakeholder financial criminal activities.This article focuses on solving the problem of effective prevention and fair punishment of the serious socio-economic phenomenon of stakeholder financial crime.Specifically this article is divided into five parts:The first part of the description of the connotation and extension of the type of financial crime,and briefly describe the relevant classification,based on the judicial practice to summarize and summarize the characteristics of the type of financial crime.It is necessary to explore the governance effect of the state-owned financial crime.It should start from the characteristics of the public-type financial crime and closely follow the development trend in the judicial practice so as to effectively prevent and punish it.The second part mainly discusses the practice status of the state-owned financial crime.This part starts from the case investigation,conviction and sentencing of the related financial crimes,and collects 554 cases in Shandong Province to carry on the investigation and analysis,and explores some cases with regular tendency from the administrative law enforcement agencies and the judicial organs Sex,to clarify the current problems facing the most important,accurate grasp of the shock of the type of financial crimes.The third part mainly analyzes the causes of the financial crimes.This part also starts from the empirical analysis of the second part of the state-owned financial crime,and analyzes the causes of the related financial crimes from theperspectives of the victims,the criminals and the state organs.The focus is on the state organs Level of regret.State organs are the organs that exercise and manage state power.The prevention and punishment of state-wide financial crimes can not be separated from the close cooperation and correct performance of the people's procuratorates,people's courts,public security organs and other administrative law enforcement agencies.Therefore,whether there is a lack of state organs,dislocation,for the governance of state-wide financial crime is particularly important.The fourth part mainly elaborates the countermeasure of preventing the public financial crime.From the individual to the state,from administration to justice,all-round,multi-level attempt to fundamentally reduce the causes of stakeholder financial crime,to achieve the purpose of crime prevention.From a personal point of view,financial investors to invest rationally,to enhance their own awareness of risk prevention;financial activities of the legitimate business people,pay attention to their own corporate culture of integrity.From the perspective of state organs,state organs should comprehensively deepen the financial system reform,strengthen the financial regulatory departments of the legal responsibility;to build information and information sharing platform,the construction of linkage prevention early warning mechanism.The fifth part mainly discusses the countermeasure of punishing the type of financial crime.Legislation,administration and administration should first take legal responsibilities to serve their mission to punish the type of financial crimes.On this basis,the national top-level system design must strengthen the coordinated,rapid and effective institutional mechanism.Adhere to always implement the criminal policy of temper justice with mercy,accurately apply the laws and regulations of financial rule of law,increase the punishment of financial crime,pay attention to the organic combination of free punishment and property punishment.The investigating organ shall formulate the investigation countermeasure and the stolen goods handling mechanism to deal with the state-owned financial crime,improve the aftermath mechanism,strictly punish the accountability system,and gradually improve thecompensation mechanism of the victim-type financial crime on the victim's compensation.