金融诈骗罪立法定位与价值取向探析

金融诈骗罪刑事立法因其领域之特殊性而有其特定的价值定位与思维取向。就立法前提而言 ,实现在效益与安全价值之间的衡平与恪守后盾法性质是其立法定位。就保护法益而言 ,传统的以保护金融机构利益与静态所有权为重心的价值取向值得反思 ,此种法益保护观已落后于现代金融观念。就行为方式而言 ,金融诈骗行为的构造要素与传统诈骗罪行为有着很大差异性。而且 ,金融诈骗罪的立法技术也有值得探讨之处

On the Goal and Value Choice of Legislation Against Crimes of Financial Fraud

Because of the peculiarity of the field to which they belong, the criminal legislation against crimes of financial fraud has its special location of value and tendency of thinking. As for the prerequisites, it is the goal to realize the balance between efficiency and safety and it is the rule to keep criminal legislation the last remedy. As to protect legal benefits, it is worthy for us to reconsider the traditional value choice which has been concentrating on the benefits of financial institutions and static ownerships, for it is backward to the financial sense nowadays. As for the way of act, the required elements that a financial fraud consists have great differences from those of traditional frauds. Additionally, there is also something to say about the legislation techniques.