2013•Journal of Sichuan Normal UniversityRequires access

What Kind of Financial Prosecution Policy Should China Set Up

Lin Xi-fe

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Abstract

In terms of financial prosecution in western Countries,the policy of temper justice with mercy is embodied in two dimensions:on the criminal law side,it emphasizes the value of deterrence through harsh sentence;on the criminal procedure law side,it emphasizes the prudence and the tactics of financial prosecution,such as deferred prosecution and plea bargaining.In China,there are still some arguments on the policy of temper justice with mercy.In terms of the potential introduction of the policy into financial crime control,three dimensions should be paid attention:the first is to be aware of the crackdown policy and sporty legal enforcement manner,the second is to clarify the boundary of criminal and civil financial dispute,and the third is to used for reference the tactic of financial crime control,i.e.,severe criminal law and flexible criminal procedure law.

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In terms of financial prosecution in western Countries,the policy of temper justice with mercy is embodied in two dimensions:on the criminal law side,it emphasizes the value of deterrence through harsh sentence;on the criminal procedure law side,it emphasizes the prudence and the tactics of financial prosecution,such as deferred prosecution and plea bargaining.In China,there are still some arguments on the policy of temper justice with mercy.In terms of the potential introduction of the policy into financial crime control,three dimensions should be paid attention:the first is to be aware of the crackdown policy and sporty legal enforcement manner,the second is to clarify the boundary of criminal and civil financial dispute,and the third is to used for reference the tactic of financial crime control,i.e.,severe criminal law and flexible criminal procedure law.

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Available abstract

In terms of financial prosecution in western Countries,the policy of temper justice with mercy is embodied in two dimensions:on the criminal law side,it emphasizes the value of deterrence through harsh sentence;on the criminal procedure law side,it emphasizes the prudence and the tactics of financial prosecution,such as deferred prosecution and plea bargaining.In China,there are still some arguments on the policy of temper justice with mercy.In terms of the potential introduction of the policy into financial crime control,three dimensions should be paid attention:the first is to be aware of the crackdown policy and sporty legal enforcement manner,the second is to clarify the boundary of criminal and civil financial dispute,and the third is to used for reference the tactic of financial crime control,i.e.,severe criminal law and flexible criminal procedure law.

Key concepts: Prudence, Plea, Criminal law, Deterrence (psychology), Criminal justice, Law, Political science, China

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