浅论中国的证券犯罪
发布时间：2019-07-03 13:05
【摘要】： 证券至今有一百多年的历史了，随着其的诞生，褒者有之，贬者有之，但不论人们的观点怎么样，证券都影响着社会的经济发展，或促进、或阻碍。其实证券所起的作用并不在其本身，而在其之外，在于对之进行运用的人，在于其所处于的整个社会环境。所以对证券犯罪还有必要进行研究、探讨。 本文的正文共有七个部分，除了导言和结语外，正文有五个部分，分别是：第二部分“证券及证券犯罪”、第三部分“证券犯罪产生的背景分析”、第四部分“证券犯罪的特征”、第五部分“对中国证券犯罪的实证分析”、第六部分“证券犯罪的原因分析及预防对策”。 第二部分“证券及证券犯罪”主要述明了证券的定义，包括证券得一般定义和我国刑法里的所指的证券的范围和本文所论及的证券的主要指向。除此之外，该部分还对证券犯罪的问题进行了说明，包括证券犯罪的最一般的历史及历史上针对证券犯罪的相关立法。 第三部分“证券犯罪产生的背景分析”主要从市场经济于证券的关系、证券市场在中国两个方面说起，说明了证券犯罪和合法的证券行为一样，都是以证券市场秩序为基础，产生于证券市场秩序之下，证券市场是合法的证券行为与证券犯罪来源地，没有证券市场，合法的证券行为与证券犯罪也将不复存在。并对中国的有关情况进行了说明。 第四部分“证券犯罪的特征”包括三个大的方面，从证券犯罪的本质特点、形式特点和证券犯罪的法律特征三个方面，论述了证券犯罪与其它类别的犯罪的不同之处。为以下对证券犯罪的原因和对策的论述打下基础。 第五部分“对中国证券犯罪的实证分析”，从证监会1994年至2004年间公布的所有处罚公告着手，运用数据和图例，以实证的方法，对中国证券市场上的证券犯罪情况进行了说明。并同时对几种发现的现象进行了说明。 对证券犯罪的研究的主要目的之一是分析证券犯罪产生的原因，并进而对证券犯罪的预防提出意见，这也是本文的主要目的。缘于此，基于前面各部分的分析和论述，第六部分“证券犯罪的原因分析及预防对策”从犯罪学的角度，从证券犯罪产生的社会原因和个体原因两个方面，对证券犯罪的产生原因进行了分析，并基于此，根据中国的实际情况，提出了预防对策。
[Abstract]:Securities has a history of more than one hundred years. With its birth, there are praises and derogators, but no matter what people's views are, securities affect the economic development of society, or promote, or hinder. In fact, the role of securities is not in itself, but in addition to it, the people who use them lie in the whole social environment in which they are in. Therefore, it is necessary to study and discuss the securities crime. There are seven parts in the main body of this paper. In addition to the introduction and conclusion, the main body has five parts, namely: the second part "Securities and securities crime", the third part "the background analysis of securities crime", the fourth part "the characteristics of securities crime", the fifth part "empirical analysis of China's securities crime", the sixth part "the cause analysis and preventive countermeasures of securities crime". The second part, "Securities and Securities Crime", mainly states the definition of securities, including the general definition of securities acquisition, the scope of securities referred to in the criminal law of our country and the main direction of securities discussed in this paper. In addition, this part also explains the problem of securities crime, including the most general history of securities crime and the relevant legislation against securities crime in history. The third part, "the background analysis of the emergence of securities crime", mainly from the relationship between market economy and securities, the securities market in China, the securities market is the same as the legitimate securities behavior, are based on the order of the securities market, arising from the order of the securities market, the securities market is the source of legitimate securities behavior and securities crime, there is no securities market. Legal securities behavior and securities crime will no longer exist. And the relevant situation in China is explained. The fourth part, "the characteristics of securities crime", including three major aspects, discusses the differences between securities crime and other types of crime from three aspects: the essential characteristics of securities crime, the characteristics of form and the legal characteristics of securities crime. It lays a foundation for the following discussion of the causes and countermeasures of securities crime. The fifth part, "empirical analysis of securities crime in China", starts with all the penalty announcements issued by CSRC from 1994 to 2004, and explains the situation of securities crime in China's securities market by using data and legend. At the same time, several phenomena found are explained. One of the main purposes of the study of securities crime is to analyze the causes of securities crime and then put forward some suggestions on the prevention of securities crime, which is also the main purpose of this paper. Therefore, based on the analysis and discussion of the previous parts, the sixth part, the cause Analysis and Preventive Countermeasures of Securities Crime, analyzes the causes of securities crime from the perspective of Criminology, from two aspects: the social and individual causes of securities crime, and based on this, according to the actual situation in China, puts forward the preventive countermeasures.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D917
本文编号：2509412
[Abstract]:Securities has a history of more than one hundred years. With its birth, there are praises and derogators, but no matter what people's views are, securities affect the economic development of society, or promote, or hinder. In fact, the role of securities is not in itself, but in addition to it, the people who use them lie in the whole social environment in which they are in. Therefore, it is necessary to study and discuss the securities crime. There are seven parts in the main body of this paper. In addition to the introduction and conclusion, the main body has five parts, namely: the second part "Securities and securities crime", the third part "the background analysis of securities crime", the fourth part "the characteristics of securities crime", the fifth part "empirical analysis of China's securities crime", the sixth part "the cause analysis and preventive countermeasures of securities crime". The second part, "Securities and Securities Crime", mainly states the definition of securities, including the general definition of securities acquisition, the scope of securities referred to in the criminal law of our country and the main direction of securities discussed in this paper. In addition, this part also explains the problem of securities crime, including the most general history of securities crime and the relevant legislation against securities crime in history. The third part, "the background analysis of the emergence of securities crime", mainly from the relationship between market economy and securities, the securities market in China, the securities market is the same as the legitimate securities behavior, are based on the order of the securities market, arising from the order of the securities market, the securities market is the source of legitimate securities behavior and securities crime, there is no securities market. Legal securities behavior and securities crime will no longer exist. And the relevant situation in China is explained. The fourth part, "the characteristics of securities crime", including three major aspects, discusses the differences between securities crime and other types of crime from three aspects: the essential characteristics of securities crime, the characteristics of form and the legal characteristics of securities crime. It lays a foundation for the following discussion of the causes and countermeasures of securities crime. The fifth part, "empirical analysis of securities crime in China", starts with all the penalty announcements issued by CSRC from 1994 to 2004, and explains the situation of securities crime in China's securities market by using data and legend. At the same time, several phenomena found are explained. One of the main purposes of the study of securities crime is to analyze the causes of securities crime and then put forward some suggestions on the prevention of securities crime, which is also the main purpose of this paper. Therefore, based on the analysis and discussion of the previous parts, the sixth part, the cause Analysis and Preventive Countermeasures of Securities Crime, analyzes the causes of securities crime from the perspective of Criminology, from two aspects: the social and individual causes of securities crime, and based on this, according to the actual situation in China, puts forward the preventive countermeasures.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D917
【引证文献】
相关硕士学位论文 前1条
1 李关贺;我国证券违法犯罪相关问题研究[D];天津大学;2007年
，本文编号：2509412
本文链接：https://www.wllwen.com/shekelunwen/gongan/2509412.html
