The Criminal Law Applies To "Financial Products FEIDAN Event"

This article chooses FEIDAN;behavior of bank financial product as the topic,in order to discuss the criminal law regulation of FEIDAN behavior.Firstly,by analyzing the concept and elements of FEIDAN behavior,the definition of FEIDAN behavior is standardized,and its precise identification is realized.Secondly,the analysis of the current line of criminal regulation and its shortcomings.Thirdly,from the angle of criminal judicature and criminal legislation,the author puts forward some suggestions on how to perfect the regulation of FEIDAN.FEIDAN behavior may be in line with the provisions of a number of crimes in criminal law.It is necessary to deduce the constitutive requirements of the relevant crimes on the basis of the constitutive elements of FEIDAN,and to study whether it can include the act of FEIDAN in it,to adhere to the principle of legality.The value of the study is to explore whether it is appropriate to use only a single charge to blame,whether implicated offender can be established,whether the breach of trust can be improved to be regulated.And summarized the law,in order to be able to use in the future in the judicial practice of appropriate charges to regulate FEIDAN behavior.The research methods of this paper are as follows: collecting the cases related to the FEIDAN behavior of bank financing on the Chinese referee document network,using qualitative analysis method,analyzing the FEIDAN behavior of bank financing.Specifically,it is to analyze the constituent elements of each case by means of inductive reasoning,summarize them abstractly,and then process the highly coincident parts in order to condense them into the constituent elements of FEIDAN behavior.This paper collects the judgment documents and case analysis of FEIDAN case through the database of China Judgment Documents Net and BEIJING university magic weapon,and studies the case by using case study method to summarize the disputed points of the case,that is,what kind of charges should be applied to the defendant.Finally,use experience summary Method,the specific cases in judicial practice,as well as the theoretical point of view to summarize the charge should be applied.Through detailed analysis,this paper draws the conclusion that if the investor knows FEIDAN,then the actor does not constitute a crime,and if the bank as a whole knows and implements FEIDAN then the bank establishes the unit crime.This article also analyzes the existing criminal law regulation paths and their respective deficiencies for the FEIDAN;behavior of wealth management products,the author puts forward and fully demonstrates the viewpoint that the crime of illegally absorbing public deposits and the crime of absorbing client funds is not recorded in accounts to establish implicated crime and perfect the crime of breach of trust in order to crack down on FEIDAN.