The Independent Crime Of Illegal Actions Of Futures Business

Futures trading is an indispensable piece of Chinese financial investment market.Since our government introduced futures trading in the late 1980 s,The futures market has experienced the blind expansion of the initial futures exchanges and the development of the government in the process of governance and rectification and the process of gradually moving towards standardization and steady development.At present,China's futures exchanges and futures varieties are subject to strict approval and control,and there are some disadvantages that can not meet the increasing demand of investors and participants.In this context,The illegal operation of futures has appeared.Illegal trading of futures is a serious threat to China's market economy,It has caused chaos in our futures market,It has seriously damaged the economic interests of investors,The harm is far beyond the scope of civil law and administrative law.It is necessary to regulate it in criminal law.However,The only crime mentioned in the criminal law of our country is the crime of illegal business operation.Futures and securities,insurance business together on "illegal operation",this "bag of sin".Due to the complexity of futures trading and professionalism,as well as many unique behavior characteristics,in the process of crime against illegal business behavior,futures department for such behavior qualitative difficulties in judicial practice at present in our country.By analyzing the related cases,the judicial practice department in crime of fraud of the illegal business crime,contract fraud,illegal business futures behavior there are certain limitations of rules and regulations,at the same time,China's existing laws and regulations did not exist a crime can complete regulation illegal business behavior,futures,therefore,should be independent as crime,illegal business futures and the corresponding legislation for structure design.In view of the above views,the following four parts will be analyzed and discussed:The first part introduces the relevant research background and significance,classifies the existing theories according to different viewpoints and puts forward the innovation points.The second part,the analysis of judicial practice,illegal business futures conviction on illegal business futures in China usually performance,on the basis of analysis,respectively,in the judicial practice in our country to illegal business crime,contract fraud and crime of fraud of the illegal business of futures crimes qualitative trouble,so as to lead to separate into sin's point of view.The third part,this part is independent as to our country will be illegal business futures crimes legislation pass into,from illegal business futures different from general and unique social harmfulness illegal operations,illegal operations illegal securities,insurance,futures,and existence difference,in our country existing law cannot meet the regulation behavior illegal business futures and futures markets in the developed countries abroad are will discuss futures crime of retrieval,etc.The fourth part,the legislation construction design,including the crime and the legal penalty.