Distinction Between The Crime Of Fraud And The Crime Of Illegal Operation Under The Futures Commodity Trading Model

This article is a case-analysis-type thesis,mainly through the analysis of the fraud cases of Zhang,Ye and Zhuo,and found that there are three controversial points in the case.Combining a large number of futures trading cases,the three the focus of the dispute was evaluated.This article is mainly divided into three parts: The first part is the case brief and the focus of the dispute.First,we will introduce the basic facts of the fraud cases of Zhang,Ye and Zhuo.The second is to elaborate on the four controversial points: whether the defendant in this case constitutes a crime of fraud,whether the defendant in this case constitutes an illegal business crime,how to determine the amount of crime involved in this case,and whether the sentencing is appropriate in this case.The second part is the case analysis.First,analyze the behavior model of illegal futures trading,explain the qualitative differences of academics on illegal futures trading behaviors,discuss the conviction basis of such cases as illegal business crimes and fraud crimes,and analyze the case of this article based on theories and collected cases.Conclusion of the crime of fraud.Secondly,the amount of crime committed by the actor in this case is determined according to the criteria for the amount of crime.Finally,the relationship between the criminal behavior of illegal futures trading and the social harmfulness,social harmfulness,and sentencing of the virtual holiday trading platform is analyzed,and the conclusion that the crime and punishment in this case are compatible is drawn.The third part is thinking and suggestion.This section puts forward three suggestions on the handling of criminal cases of illegal futures trading.First,the subjective purposes of different members of the illegal futures trading chain should be inferred in accordance with the objective behavior of the actor and other specific objective backgrounds.Secondly,with regard to the question whether sentencing is compatible with its criminal behavior,the author believes that sentencing can be considered from the perspective of the social harm of criminal behavior in order to achieve the appropriate purpose of sentencing.Finally,the author believes that in the process of investigating and handling criminal cases of illegal futures transactions,the procurator organs should actively cooperate with the administrative organs in order to improve the efficiency of case handling.