金融诈骗罪立法背景与原理论纲

金融风险的双刃性与必然性是金融诈骗罪刑事立法的金融背景;信用制度的缺位导致金融越轨和金融诈骗的弱道德约束性则是金融诈骗罪刑事立法的现实背景。刑法介入金融的必要性在于:社会制度化与市场经济的需要。在应对措施上,金融诈骗罪的法定刑设置有诸多缺憾,在构成要件上也有特殊性。

Legislative Background of Crime of Financial Fraud and Theoretical Essentials

The dual-danger nature and inevitability of financial risk form the financial background of the criminal legislation of financial fraud and the deficiency of credit system which leads to the weak moral biding force in financial transgression and fraud forms the realistic background of the legislation. It is pointed out that criminal law has the necessity to get involved in finance in order to meet the need of social systemization and the market economy. The crime of financial fraud still has deficiency in the setup of statutory sentence and particularity in the constitutive requirements.