Using Transaction Platform To Develop Clients' Criminal Regulations On "Virtual Foreign Exchange" Behavior

In recent years,with the development of the global financial industry,the modern financial foreign exchange market has also experienced rapid development,and foreign exchange margin trading,which is commonly referred to as speculative foreign exchange as an investment method,has resulted in small-grand and two-way transactions.High-yield,high-risk and other characteristics have attracted many investors and have become an important part of the international financial foreign exchange market.However,in China,foreign exchange margin trading has not yet been legalized,and there is no clear laws and regulations to regulate it.At present,China's foreign exchange margin trading industry is in a blind and chaotic state of development,and triggered a series of illegal crimes related to it.behavior.The use of trading platforms to develop customers' "virtual speculations" is a typical example of such crimes.However,due to the use of trading platforms to develop customers' "virtual foreign exchange speculation" behaviors that are both operational,deceptive,and covert,they are given to the judiciary.The specific determination has brought difficulties.In view of this,this paper takes the fraud case of Wang Mou as an example and conducts meticulous research on this kind of behavior in the form of case studies in order to benefit the judicial practice.This article has a total of 25,000 words and is divided into the following four parts.The first part: mainly introduces the basic situation of the case,including four parts: the cause of the case,the introduction of the case,disagreement,and the focus of the dispute.It mainly deals with the development of virtual foreign exchange transactions by the company operated by Wang using a self-built foreign exchange trading platform.The basic case of receiving customer's large fees and losses resulting in the customer's exposure to property losses is introduced,and the nature of Wang's behavior is listed.The different viewpoints of the recognition and summed up the controversial focus of this case are the objective behavior,the subjective purpose of illegal business crime and fraud,and the distinction between civil fraud and fraud.The second part: The legal analysis of related issues.This section mainly focuses on the disputes in the selected cases and conducts a legal analysis from the following four aspects.First,it analyzes the legal nature of the foreign exchange margin tradingbehavior,and concludes that foreign exchange margin trading is in essence the act of buying and selling foreign exchange;Second,it delimits the objective behaviors of the crime of illegal business and fraud,first the crime of illegal business and fraud.The objective behaviors of sin are summarized separately,and then the objective behaviors of the two are analyzed,and the key to distinguishing the objective behaviors of the two lies in whether the behavior of the actor is objectively demonstrated and whether the transaction promised to the customer is true.Existence;thirdly,demarcate the criminal purpose of the crime of illegal business and fraud,first discuss the criminal purpose of the crime of illegal business and fraud,and then analyze the criminal purposes of the two,so as to obtain a distinction between the two.The key to the purpose of crime lies in whether or not the perpetrator has objectively invested a certain amount of consideration.Fourth,the distinction between civil fraud and fraud is made to show that the difference between the two lies in whether the perpetrator possesses the purpose of illegal possession.The third part: The analysis result of this case.On the basis of the above-mentioned legal analysis,first,from the perspective of the crime of illegal business operations,the author analyzed the two viewpoints supporting Wang's crime of illegal business,and concluded that Wang's actions were inconsistent with the requirements for the establishment of an illegal business crime.Secondly,from the point of view of the crime of fraud,the distinction between the objective behavior and the subjective purpose of the crime of illegal business operation and fraud,it is concluded that although Wang's behavior appears to be an operation in appearance,the client is essentially Its trading platform does not carry out real foreign exchange transactions.Its so-called foreign exchange transactions are merely a means of fraud,and they should be dealt with fraudulently.Finally came to the conclusion of the case,Wang's behavior constituted fraud.The fourth part: The research implications of this case.This part is mainly divided into two parts.First,when convicting the charges,it should insist on the principle of conviction that is subjective and objective.This means that the actor constitutes a crime.It must have both subjective and objective elements,and must be subjective and objective.Must have unity.Second,the revelation for the prevention of similar cases is that the legislature should strengthen the construction of foreign exchange legislation,the government management department should improve the foreign exchange management system,increase propaganda,and jointly crack downon foreign exchange-related crimes.