On The Criminal Regulation Of Securities Crime In China

Securities crime not only damages the rights and interests of investors and national interests,but also disturb the order of the financial market in China.However,refer to relevant data and cases,the amount of cases that have been accepted is little.This is contradictory to the frequency of regulation of actual Chinese securities crimes and to the social expectation and reality request.So strengthening securities crime in the criminal regulation has a realistic significance.Although Securities crime in the criminal regulation is a complicated system engineering,the study focused on the administrative law and criminal law legislation coordination problems at present.Therefore,using the law,the securities and relevant theoretical knowledge,through the empirical analysis,the methods of literature research,the author analysis the securities crime criminal judicial negative intervention for the of the system,aiming to provides a new train of thought and visual Angle for the judicial practice work,and the legislative improvement for the future reference.The thesis can be divided to three parts,including about 15,000 words.Part 1:Introducing the meaning and characteristics of securities crimes,and explore the necessity of the criminal regulation on it.Part 2:To explore the deficiencies and causes of the securities crime in criminal rules.Firstly,based on practice and the type of case processing results,this paper concludes the long-standing negative criminal justice intervention to this type of case in our country.Such as the low rate of the examination and excution of the illegal phenomenon,not strictly in accordance with the law,and transferred to judicial organs,low rate of the conclusion of the cases,the penalty and punishment is weak etc.Secondly,there are four reasons in view of the negative criminal justice intervention:the bad linking of administrative regulation to the criminal regulation,the jurisdiction of the criminal justice system is unreasonable,the securities crime punishment setting is unreasonable,poor working ability and lack of initiative of the staff.Part 3:Put forward the legal advice and countermeasures to perfect our country securities crime criminal regulation.First of all,we should improve the cohesion of administrative law and criminal law,especially introduce the relevant explanations,clear the prosecution criterion,and fill out the blank place of securities crime legislation rules and regulations;we should strengthen the law enforcement cooperation,establish information sharing mechanism;Increase the intensity of punishment,especially for the free punishment,the improvement of the fine punishment and qualification punishment.Second,improve the judicial staff working ability,change the way it works,and set up internal reporting system to strengthen the criminal judicial investigation ability by exploring the centralized jurisdiction system.Finally,we will improve the mechanism of the supervision of the securities regulatory body and form a diversified supervision and management system.