金融诈骗犯罪的认定与防范问题研究-法学专业论文.docxVIP

AbstractFinance Abstract Finance is the core of the modem economy and plays a very vital role in the modem economic development．Financial security is an important part of national security．With finance in the socialist market economy playing an increasingly important role，various types of financial crimes are emerging in an endless stream． Means of financial crimes are becoming increasingly intelligent．The difficulty of determination on the nature and handling for financial crimes is also increasing．Financial fraud crimes is a main component of financial crimes and the most common financial crimes．It causes the most serious damage to the economic order and financial management order．Therefore it is necessary to study it in order to combat and prevent financial fraud crimes effectively． This thesis not only introduces the meaning，characteristics，importance of finance and eight specific forms of financial fraud crimes in the criminal law，but also discriminates the concept and characteristics of financial fraud crimes．To properly identify financial fraud crimes，we must analyse the cabstand of financial fraud crimes deeply．On the basis of analysis this thesis especially researches some controversial problems such as units as the subject of financial fraud in practice，whether the subjective aspect of financial fraud crimes requires”for the purpose of illegal possession”．whether the subject intent includes’’indirect intent”，legal articles competitive application in practice，joint crime of financial fraud and the coordination of criminal and civilin financial fraud cases，etc，so as to deal with such crimes correctly．Finally，this thesis analyses the causes of financial fraud crimes and makes suggestions to prevent financial fraud． Keywords：Financial Fraud Crimes； Constitutive Elements of Crime Legal Articles Competitive Application； Attempted Shape Prevention of Criminality 目录引 目录 引 言 ．1 第一章金融诈骗犯罪概述 ．2 1．1金融的含义和特征 2 1．2金融诈骗犯罪的概念和特征 ．2 1．3金融诈骗罪的分类和具体表现形式 3 第二章对金融诈骗罪各构成要件的认定