On the Combination of Leniency with Punishment on Financial Crime in Chinese Criminal Legislation
Shen Liu-hua
Abstract
Shen Liu-hua
Abstract
There are some defects in the elements of financial crime of China's criminal law.They can not adapt to the demand of criminal policy of holding back financial crime.The penalty structure on financial crime should be redesigned according to the criminal policy of combination of leniency with punishment,which should tighten the criminal justice of financial crime and stricten the criminal duty of criminal crime on one hand and on the other hand,should design corresponding exclusive system of penalty and have proper limitation and refrainment in order to achieve the leniency of the criminal law based on the precausion to penalty abuse.
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There are some defects in the elements of financial crime of China's criminal law.They can not adapt to the demand of criminal policy of holding back financial crime.The penalty structure on financial crime should be redesigned according to the criminal policy of combination of leniency with punishment,which should tighten the criminal justice of financial crime and stricten the criminal duty of criminal crime on one hand and on the other hand,should design corresponding exclusive system of penalty and have proper limitation and refrainment in order to achieve the leniency of the criminal law based on the precausion to penalty abuse.
Key concepts: Punishment (psychology), Criminal law, Criminal justice, Legislation, Theory of criminal justice, Business, Law, Duty