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An Empirical Study On The Criminal Risk Regulation Of Private Entrepreneur Bill Crime

Posted on:2020-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q R XuFull Text:PDF
GTID:2416330578953268Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal risk of private entrepreneur bill crime is high in recent years,which lies in the defects of the criminal risk prevention and control system.From the government regulation,the legislation regulation,the criminal justice regulation and the enterprise self-discipline regulation four levels carries on the consummation to the risk prevention and control system's malpractice,realizes to the entrepreneur bill crime criminal risk effective regulation.Government supervision should pay more attention to the use of incentives to strengthen the support of corporate financing business.Perfecting the relevant provisions of economic law,including the Bill Law,Commercial Bank Law,etc.,defining the subjective and objective criminalization criteria of bill crimes,while the subjective will factor is manifested in the actor's positive hope for endangering the knot.If it happens,the objective criminalization standard of bill crime should be judged by combining the consequence of legal interest infringement and the severity of circumstances.The object of legal interest infringement of bill crime includes not only the tax collection order but also the property interests of the market transaction subjects.As the established standard of bill criminalization,the traditional view of legal benefit of order has the disadvantage of generalizing the determination of criminalization of bill.In the direction of criminalization,we should keep the criminal law modest and carefully control the excessive involvement of criminal law in the bill market.It makes the view of interest law replace the view of law of order as the criterion of determining the criminalization of bill.The basic criminalization standard of bill illegal acts is to infringe on the security of the funds of the negotiable instrument traders.The frequent occurrence of private entrepreneur bill crime is also unreasonable with the corporate governance structure.Enterprise compliance can effectively prevent the private entrepreneur bill crime from the level of enterprise self-discipline,which is the administrative control and control of bill crime.Effective supplementary measures to criminal control.Therefore,we should introduce compliance plan within private enterprises.Set the compliance target,according to the private enterprise risk compliance control concept,set the compliance target for the operation of the enterprise and entrepreneurs'daily operation and management behavior in accordance with the legal norms.To formulate compliance management strategy,including integrating the unreasonable property right structure within the enterprise,promoting the reform of the internal management mode of private enterprises.Establish the private enterprise financial management system,strengthen the internal audit,set up the modern private enterprise internal risk control system.Establish the awareness of compliance enforcement among entrepreneurs and internal employees,step by step,strengthen compliance management norms within the enterprise Real.
Keywords/Search Tags:private entrepreneurs, bill crime, criminal risk, control defects, government regulation, legislative regulation, self-regulation
PDF Full Text Request
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