Legal analysis: Financial fraud includes fund-raising fraud, loan fraud, financial bill fraud, letter of credit fraud, credit card fraud, securities fraud and insurance fraud.
the crime of disrupting the financial management order includes the crime of money laundering, the crime of evading foreign exchange, the crime of fraudulently buying foreign exchange, the crime of illegally issuing financial tickets, the crime of absorbing customers' funds and not recording them, the crime of illegally issuing loans, the crime of using entrusted property for breach of trust, the crime of manipulating securities, the crime of luring investors into buying and selling securities in the futures market, the crime of fabricating and spreading false information in securities and futures trading, the crime of trading insider trading with undisclosed information, Crime of disclosing inside information, issuing stocks, companies and corporate bonds without authorization, crime of forging or altering stocks, companies and corporate bonds, crime of stealing, buying and illegally providing credit card information, crime of obstructing credit card management, crime of forging or altering financial tickets, crime of illegally absorbing public deposits, crime of defrauding loans, bill acceptance and financial tickets, crime of lending at high interest, crime of forging, altering or transferring business licenses and approval documents of financial institutions, crime of setting up financial institutions without authorization, crime of holding and using counterfeit money, crime of finance.
The differences between disrupting the order of financial management and the crime of financial fraud are as follows:
The crime of financial fraud is one of the crimes of disrupting the order of socialist market economy stipulated in the Criminal Law of the People's Republic of China. In the financial field, for the purpose of illegal possession, take fictional facts or conceal the truth to defraud banks or other financial institutions of loans, insurance benefits, etc., or engage in illegal fund-raising fraud, financial bill fraud and letter of credit and credit card fraud, which is a general term for a large amount of criminal acts. The crime of financial fraud is separated from the crime of ordinary fraud, but it is not a fraud crime in the traditional sense. The criminal law separates it from the ordinary crime of fraud, in addition to decomposing the pocket crime of fraud, the main reason is to maintain the order of financial management.
the crime of disrupting the order of financial management refers to an act that violates the laws and regulations of the state on the supervision and management of financial markets, engages in activities that endanger the state's management of money, foreign exchange, securities, financial institutions, securities transactions and insurance companies, and disrupts the order of financial markets, with serious circumstances.
Legal basis: Article 171 of the Criminal Law of the People's Republic of China, any employee of a bank or other financial institution who buys counterfeit money or takes advantage of his position to exchange counterfeit money for money shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 2, yuan but not more than 2, yuan, or his property shall be confiscated. If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 1, yuan but not more than 1, yuan. Article 173 Whoever alters money in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined not less than 1, yuan but not more than 1, yuan; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 2, yuan but not more than 2, yuan.
Article 172 of the Criminal Law of the People's Republic of China knowingly holds counterfeit currency, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years and fined not less than 2, yuan but not more than 2, yuan; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 1 years, fined not less than 5, yuan but not more than 5, yuan or confiscated property.