Research On The Crime Of Irregularly Issuance Of Financial Certificates

The Decision on Punishing the Crimes of Destroying Financial Order,which came into force in 1995,stipulates for the first time the crime of irregularly issuing financial bills.After the amendment of criminal law amendment(6)in 2006,the crime of illegally issuing financial bills was adjusted to the crime of irregularly issuing financial bills.Since then,the crime of irregularly issuing financial bills has been stipulated in Article188 of criminal law of China.However,with the encouragement of national policies for the orderly and free development of the economy,this crime has a lot of discomforts with the current financial development environment in terms of the logic of establishing a crime or the choice of legal interest protection.These discomforts can also be seen from the previous criminal cases of the crime of irregularly issuing financial bills.Based on the above background,based on the study of cases involving illegal issuance of financial bills but with different subject and process of crime,this paper discusses the problems of this crime in the current economic environment and financial development policy from the following aspects.1.The logic of the crime of illegally irregularly financial bills.Under the logic of "The criminal penalty should be last",the establishment of financial criminal law should be after the legislation of non-criminal responsibility.Combined with this crime,that is to say,the crime of illegally irregularly financial bills should be established on the premise that the pre law of non-criminal law is not enough to regulate and punish the serious consequences and adverse effects caused by this behavior.After investigating the relevant legal systems of our country,the author finds that under the current legal system of our country,although the corresponding punishment and disciplinary punishment are provided for the irregular issuance of financial bills in the measures for the punishment of financial irregular acts,the scope of the regulation is not clear.To some extent,the logic of applying "non-criminal responsibility" punishment to behaviors beyond the scope of criminal law is contrary to the logic principle of "The criminal penalty should be last".2.The choice of protection of legal interest in the crime of irregularly issuing financial bills.Under the influence of the planned economy in the early days of the founding of the People's Republic of China,a financial legal system of "Financial repression" was formed,and the demand of "The view of legal interests of order" was derived.This choice has a direct impact on the choice of protection of legal interests in the crime of irregularly issuing financial bills.The choice of the protection of legal interest not only makes the crime of irregularly issuing financial bills appear "one-sided" tendency in the protection of legal interest,but also exaggerates the function and role of criminal law in the administrative management of irregular issuance of financial bills.Too many irregular issuance of financial bills are included in the scope of criminal law regulation.3.The definition-division mechanism of the crime of irregularly issuing financial bills.At present,China pursues the principle of criminal priority in dealing with cross criminal cases.However,due to the rich types of criminal civil cross cases,not all criminal civil cross cases are applicable to the principle of criminal priority.Some cases are more suitable for the principle of "Civil first Criminal second" or "Involving both Criminal and Civil",but for the latter two principles,there are no corresponding provisions in China,which cannot be applied to the handling of cases.In addition,even under the guidance of the existing principle of "Criminal first Civil second",the criminal incidental civil system and the way of civil trial after criminal trial have their own defects in the application of specific cases.In view of the above problems,the author puts forward the following solutions:1.Implementing the principle of complementarity of criminal law.In concept,we should start with the overall concept of establishing a crime in China's financial criminal law,implement the principle of "criminal law complementarity",and combine the theoretical research and practice of this principle.In technology,we should enrich the legal liability system of irregular issuance of financial bills,and improve the financial institutions,the internal rectification system,the external supervision system,the legislative content of the front-end law and the criminal law's way to stipulate the crime of irregularly issuing financial bills.Through the joint efforts of concept and technology,we can eliminate the situation of "No first law" in the logic of the crime of irregularly issuing financial bills.2.Forming the view of interest law under the guidance of order.To adjust the pure view of interest in order law to the view of interest in order law can solve the problems existing in the crime of issuing financial bills irregularly to a certain extent under the guidance of the value choice of the view of interest in order law.On the basis of perfecting the legal system of evaluating the irregular issuance of financial bills,guided by the "interest legal interest view under the guidance of order",the irregular issuance of financial bills is no longer regarded as a crime,but different decriminalization,decriminalization and criminalization can be handled to a certain extent according to the different degree of legal interest damage caused by the act.To solve the existing problems of the crime of issuing financial bills in violation of regulations,such as ignoring the interests of trade counterparts,inadequate protection of financial transaction order,etc.3.Improve the handling mechanism of cross criminal and civil cases.For how to handle irregular issuance of financial bills in cross criminal and civil cases,the author believes that specific problems should be analyzed.First,when the criminal incidental civil system may be adopted,the victims and their close relatives should be given a certain degree of choice,and their own choice should be proposed.In order to maximize its interests,it is necessary to initiate the incidental civil action or bring the civil action alone.As for the guiding principle of the case,we should conform to the characteristics of the case and choose "Criminal First Civil Second","Civil First Criminal Second" or "Involving both Criminal and Civil" according to the specific situation.