金融犯罪种类划分及其特征揭示——兼论金融犯罪的此罪与彼罪之界分

金融犯罪作为一种新型经济犯罪,目前立法、司法部门及刑法学界对有关此类犯罪问题的研究尚不够全面、深入,其中对金融犯罪进行科学、合理分类并揭示其特征是亟需研究的基本问题之一。通过综合研析刑法理论界颇具代表性的客体、行为、混合等诸种分类法之优劣,紧密结合我国现行刑法所作的立法分类,提出以混合分类法为基本思路,依据金融犯罪所侵犯客体的相同性,兼顾犯罪方法的特殊性,作进一步的分类细化,以期形成符合我国实际的金融犯罪分类设想;同时,充分揭示不同类型金融犯罪构成特征,全面把握金融犯罪此罪彼罪界限所在,从而为金融刑事立法不断完善以及司法部门正确定罪量刑提供有利的依据。

Probe into Classification of Financial Crimes and Their Characters——On the Dividing Lines Between Different Financial Crimes

At present,there lacks,in the fields of legislation,judicial and criminal jurisprudence,a more comprehensive and in-depth study on the financial crime,which is a new type of economic crime.Among others,a scientific and reasonable classification of financial crimes and unveiling their characters is a basic issue that has to be dealt with.Through a comprehensive study and analysis on the advantages and disadvantages of various representative methods of classification such as the object classification,the behavior classification,the composite classification and others and by taking into full account the legislative chassification for the exisiting criminal law in our country,the basic idea of composite classification is adopted in this thesis.In the light of this basic idea,a further fine classification is made on the basis of the sameness of the object of financial crimes and by taking into account the special characters of the means of crimes so as to finally establish a tentative plan for the classification of financial crimes that is in line with the practical conditions in our country and so as to disclose the makeup features of different tryes of financial crimes,on the basis of which,to fully grasp the dividing lines between diferent financial crimes ans provid a favorable basis for the continued progress of legislation against financial criemes and for the judicial departments in accurate crimination and sentencing discretion.