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Research On The Perfection Of China's Financial Criminal Law Legislation Under The View Of Internet

Posted on:2020-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:L Y WangFull Text:PDF
GTID:2416330626450507Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The rapid development of the Internet has brought about a new round of financial revolution,and has formed a mechanism to promote the financial reform of China.At the same time,it has also brought new challenges to the financial criminal law which plays the role as a final guarantee law.New financial transactions,such as P2 P,online crowdfunding,third-party wealth management,have appeared in large numbers,and financial transactions in them hve easily reached the bottom line of criminal law,which has resulted in a large increase in financial crimes.The financial criminal law not only has the function of guaranteeing the national financial order and security,but also has the function of protecting economic freedom and innovation.In the era of Internet economy,there are many important issues that needs urgent attention in the current theoretical research of economic criminal law,which are rationally positioning the basic position of financial criminal law,grasping the boundary between criminal law intervention and protection of financial innovation,and constructing a financial criminal law system that meets the requirements of economic development in the new era.The financial criminal law in the Internet era still insists on the basic principles of the "secondary illegality",legal protection and proportionality principles of the economic criminal law to ensure the legitimacy of the financial criminal law legislation.For a long time,maintaining financial order is the single value orientation of China's financial criminal law legislation,which has caused problems such as excessive financial legislation,unbalanced penal structure and disjunction of execution.It has seriously affected the regulatory capacity and regulation effect of financial crime.In the era of Internet economy,the legislative issues of financial criminal law are particularly prominent,and it is necessary to systematically examine it.In this regard,we should promptly adjust the legislative concept of financial criminal law,from "order centralism" to "interest centralism",construct a three-dimensional system of modern financial criminal law oriented to protect the interests of financial capital,and decriminalize the crime of simply infringing order relations.Improve the penal structure and build an integrated system of execution.
Keywords/Search Tags:internet financial, financial crimial law, legislative perfection
PDF Full Text Request
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