Criminal Regulation Of Commercial Bank Bootleg Financial Products Cases

Commercial bank bootleg financial products case refers to the bank staffs without the legitimate approval process,privately sale unapproved financial products.Commercial bank financial products must be designed or approved by the head banks,to protect the order of financial management and investors' funds security.The financial products in the bootleg case have not been approved by the head office or go through by the risk assessment,investors who purchase such financial products need to take greater risks and are more likely to cause disputes.In order to attract funds,the wealth management products in the bootleg cases will tempt investors with a much higher rate of return than ordinary bank guaranteed financial products,which will affect the security of the financial order and lead to the vicious competition in the financing market.Based on the analysis of the status nowadays,this paper explores the essence and the characteristics of the commercial bank financial products bootleg cases.Based on the legal difficulties,this article discusses how to evaluate the behavior of the cases and the deficiencies in the regulation of it with the criminal law.There are quite a lot of legal disputes in these cases.Within the scope of criminal law,the focus of the dispute lies in the discussion of whether or which the crime is.This paper firmly grasp the essence of these cases,from the difference between the criminal law and the administrative law regulatory means to discuss the necessity and rationality of the criminal law means to regulate these cases.Due to the modest and restrained nature of the criminal law,the following two conditions must be fully demonstrated in the case of the regulation of the bootleg financial products cases:Firstly,the administrative regulations alone are not enough to regulate the case;secondly,if there is no criminal regulation as the last line of defense,The regulatory role of administrative regulations will be fundamentally threatened.After confirming the necessity of adopting the criminal law regulation for the bootleg behavior,it is further determined that it is more appropriate to use what kind of charges to regulate the cases.This paper discusses a number of other theoretical circles widely discussed several charges of bootlegging.The author analyzes the difficulties in the conviction of the theoretical community: In terms of crime and non-crime,firstly,the author believes that an investor's fault will not cause the“bootleg case” actor to be found not guilty or to reduce his culpability;secondly,The reason that the behavior is different from the general private lending is that the propagandist's propaganda behavior is aimed at the society's unspecified object.In this crime and other crimes,firstly,the "bootleg case" actor does not have the purpose of illegal possession,it cannot be assessed as fraud or fund-raising fraud;Secondly,"bootleg case" in the absorption of customer funds does not account for the act,However,it cannot simply use the system of absorbing customer funds and not registering to regulate the behavior.In addition to this,in the “bootleg case”,there are cases of accomplices between sales personnel of bank wealth management products and those staffs of third-party financial institutions.