2008Unpublished venueRequires access

On the Objective Constitutional Morphology of the Crime of Financial Fraud

Jun Yang

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Abstract

There are heated arguments about whether the legislation of financial fraud crime should be based on the model of result crime or act crime.More and more scholars prefer to adopt the legislation ofabstract composing element of danger,but the concept of danger crime is a dangerous concept which must be applied cautiously.Some other scholars think that the theory of preparatory crime can also achieve the same result but it is a more dangerous concept than the abstract danger crime.It seems practical,but actually infeasible.Based on the new positioning of the legal interest of financial fraud crimes,the legislation model of result crime of this type of crimes should be maintained.

About this research paper

What this paper is about

There are heated arguments about whether the legislation of financial fraud crime should be based on the model of result crime or act crime.More and more scholars prefer to adopt the legislation ofabstract composing element of danger,but the concept of danger crime is a dangerous concept which must be applied cautiously.Some other scholars think that the theory of preparatory crime can also achieve the same result but it is a more dangerous concept than the abstract danger crime.It seems practical,but actually infeasible.Based on the new positioning of the legal interest of financial fraud crimes,the legislation model of result crime of this type of crimes should be maintained.

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Available abstract

There are heated arguments about whether the legislation of financial fraud crime should be based on the model of result crime or act crime.More and more scholars prefer to adopt the legislation ofabstract composing element of danger,but the concept of danger crime is a dangerous concept which must be applied cautiously.Some other scholars think that the theory of preparatory crime can also achieve the same result but it is a more dangerous concept than the abstract danger crime.It seems practical,but actually infeasible.Based on the new positioning of the legal interest of financial fraud crimes,the legislation model of result crime of this type of crimes should be maintained.

Key concepts: Legislation, Financial fraud, Element (criminal law), Business, Law, Law and economics, Organised crime, Criminology

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