Research On Several Issues Of Crime Of Escaping Foreign Exchang

With the continuous development of China's economy and continuous expansion of opening to the outside world,especially in recent years,increasing the enthusiasm of the people to foreign investment,capital outflows are an issue that cannot be ignored,in dealing with such new evading foreign exchanges cases,many aspects of problems will be involved,including the behavior qualitative analysis in such cases,the subject of the evading crime problem,the complicity problem,legislative perfection problem.There is almost no law that covers these problems,the theoretical analysis is also less,there is a lack of corresponding law fundamental and theoretical basis for the judicial staff qualitative cases,which leads to the inconsistency of judicial judgment and shakes people's trust in the law.On the basis of summing up the previous research,this paper analyzes its reasonable point,and combines its own theoretical foundation,carries out the related theory analysis of the above question,we hope that it may provide some meaningful references for the judicial practice.This article is divided into five parts.The first part describes the evolution of the legal provisions of crimes of evading foreign exchanges.First,since 1952 introduced command on the evading foreign exchanges of arbitrage case should be handled and verified as smuggling case attention points starting from the criminal law on the evading foreign exchanges crimes,the evolution of criminal law's provisions for evading foreign exchanges crimes and related causes of the evolution.Since then it elaborates since 1998People's Republic of China Provisional Regulations on foreign exchange administration interim regulations from administrative regulations on the evading foreign exchanges and violations,the evolution of administrative law's provisions for evading foreign exchanges crimes and related causes of the evolution.The second part is the analysis of the subject of crime of evading.This article focuses on the analysis of contradiction between units phenomenon established on the main purpose of the crimes of evading foreign exchanges which usually occurred in judicial practice and the provisions of second article in law related issues interpretation of Supreme People's Court on the trial of unit crime cases specific application,through rereading of interpretation's legislative purpose‘establish by law',try to solve the problem.The natural person is also hoped to be added as subject of evading foreign exchanges crime in the legislation.The third part is the analysis of evading foreign exchanges crime behavior,first listing criminal cases and administrative cases to distinguish the differences between administrative law and criminal law on evading foreign exchanges criminal acts definition.Secondly,it analyses evading foreign exchanges behavior about ‘illegally deposit foreign exchange overseas',and rejects the idea that ‘illegally deposit foreign exchange overseas' has no applicable space of law.Finally,it analyses the frequent behaviors in current judicial practice ‘implement evading foreign exchanges crime using false third party entrepot trade'in detail.The fourth part is the analysis of the evading foreign exchanges crime problems.First of all through the study of the fifth article in 1998 ‘ About the decision on the punishment of illegal foreign exchange,evading foreign exchange,illegal buying and selling of foreign exchange crime' define the scope of main accomplice in the crime of evading.Secondly through ‘positive' agree with the subject that can become the subject of evading foreign exchanges crime in joint crime.Finally,solve the complicity problems between the unit and the natural person through the use ofcomplicity problem-solving technique between crime without identity and crime with identity.The fifth part is mainly discussion on the correlation between evading foreign exchanges crime and other similar crimes.It defines the similarities and differences between crimes of evading foreign exchanges and those similar crimes through component analysis on the crime of smuggling,fraudulent purchase of foreign exchange crime,crime of concealing deposits abroad.In addition,it focuses on the relationship between evading foreign exchanges crime and the fraudulent purchase of foreign exchange crime,in addition to the similarities and differences between each other,it also elaborate simplicated problems which may occur in judicial practice and sentencing balance problems of legislation in detail.