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What are the dangers of financial crime, and how to prevent financial crime?

Financial crimes refer to behaviors that occur in the process of financial activities, violate financial management regulations, disrupt financial management order, and are subject to criminal penalties in accordance with the law. Money laundering, financial fraud, etc. are all types of financial crimes that we are familiar with in our daily lives. Judging from the practice of trying financial crimes in China over the past five years, the social harm of financial crimes is mainly reflected in three aspects: First, the overall number of financial crime cases has declined, but the absolute number is large and the incidence rate is high. In 2006, courts at all levels across the country tried 1,607 criminal cases that disrupted financial order, and 1,633 financial fraud criminal cases. Second, the total amount of crime is huge. Financial fraud crimes, including letter of credit fraud, bill fraud, loan fraud, fund-raising fraud and other cases, the total amount of crime is very large, often millions, tens of millions or even hundreds of millions. Last year, courts across the country sentenced 43.52% of financial crime cases to more than five years in prison. Third, it not only disrupts the financial order, but also often leads to a large loss of state-owned assets and affects social stability. In recent years, cases such as illegal fund-raising and fund-raising fraud often involve tens of thousands of victims, and most of the victims are laid-off workers and ordinary people, causing great harm to people's lives and production. (1) Deepen financial reform and standardize financial order. my country’s current financial system reform is still at the “bottleneck stage”, and the growth of many financial crimes is directly related to the imperfection of the financial system. Therefore, in order to curb and reduce the occurrence of financial crimes, we must continue to accelerate the pace of reform and establish a new system that adapts to the requirements of the socialist market economy as soon as possible. To this end, we must do a good job in the following aspects: (1) Strengthen the central bank's macro-control so that the central bank can truly play a leading and guiding role in the country's professional banks; (2) Accelerate the transformation of professional banks into commercial banks (3) Improve the market interest rate mechanism and make full use of the law of value to regulate bank interest rates. At the same time, efforts should be intensified to rectify financial disorder. To this end, we should focus on the following tasks: (1) Prohibit arbitrary fund-raising, and the management of idle funds in society should be included in legal management channels to protect investment. legitimate rights and interests of investors and prevent certain people from using fund-raising to engage in fraudulent activities; (2) Regulate the interbank lending market, act in strict accordance with relevant national policies, laws and regulations, and severely punish illegal lending activities that violate criminal laws; (3) ) Strict settlement disciplines, completely eliminate the phenomenon of multiple accounts and inter-bank loans, strengthen the effective management of bank cash, and strictly prevent the "extracorporeal circulation" of funds. (2) Strengthen financial management and plug various loopholes. The current growth of various financial crimes in our country is closely related to omissions in financial management and failure to follow rules. To this end, financial supervision and management must be strengthened. From within the financial system, we should strengthen the management of checks and seals, credit management, industry management of counterfeit money screening and the management of credit card business to prevent criminals from taking advantage of loopholes in various management links to carry out criminal activities. From outside the financial system, the approval management system of the industrial and commercial administrative departments should be strengthened, and the application for licenses, annual inspections and examinations should be properly controlled to prevent criminals from using licenses as a cover to engage in illegal financial activities. At the same time, we should also strengthen the daily management of the seal engraving industry, resolutely ban illegal shops that engage in seal engraving, prevent criminals in society from using various false seals to carry out forgery activities, and thus eliminate the channels for the breeding of various forgery-type crimes. (3) Strengthen ideological education and improve business quality. To effectively improve the quality of financial sector staff and enhance their ability to resist and prevent financial crimes, it is necessary to strengthen their ideological and political education and business skills training. From the perspective of ideological and political education, at present, ideological and purpose education should be strengthened among financial staff to help them correctly understand the value of life, so as to consciously establish the idea of ??serving the people, and consciously resist money worship, hedonism, The erosion of extreme individualistic ideas. In addition, combined with industry discipline and legal education, education in legal and professional ethics, systems and disciplines should also be strengthened to better regulate their behavior, ensure the full implementation of national financial guidelines and policies, and prevent the occurrence of financial crimes. . At the same time, they should also do a good job in training their business skills. By constantly learning new business knowledge, they can adapt to the needs of the new situation, thereby continuously improving their professional quality, increasing their ability to detect and prevent fraud, and put an end to certain criminals. The possibility of taking advantage of the poor quality of employees to carry out financial crimes. (4) Improve financial legislation and strengthen law enforcement. Improving the legal system and strict enforcement are the most effective ways to combat financial crimes. In view of the flaws and shortcomings in my country's financial legislation and judiciary in the past, we believe that in order to better prevent the occurrence of financial crimes, it is imperative to improve financial legislation so that financial business activities at all levels can be legally based. Here, we should mainly proceed with the legislative work in the following four aspects: (1) To adapt to the needs of the development of the market economy, accelerate the pace of financial legislation. All financial activities in social and economic life that have not yet been included in the legal track should be promptly Develop corresponding laws to regulate them. Things such as financial law, financial supervision law, securities law, futures trading law, trust law, settlement law, etc. are still lacking and should be enacted as soon as possible. (2) Improve and improve the legislation of the financial management system and strengthen the central bank's macro-control.

In this regard, some management regulations supporting the Banking Law should be formulated mainly in accordance with the provisions of the Banking Law and the direction of financial reform, so as to strengthen the central bank's legal management of the non-bank financial sectors of various professional banks. (3) Improve legislation for the management of various financial businesses. This aspect mainly means that savings business management, loan business management, settlement business management, and cash management should be brought into the perspective of legislation to legalize their management. (4) Improve and supplement legislation on financial position responsibilities and legal liability systems. Through legislation in this area, the awareness of responsibility of financial sector staff will be strengthened, so that rewards and punishments can be well-founded and rewards and punishments can be clearly defined. While doing a good job in financial legislation, in order to eliminate the luck and risk-taking mentality of financial criminals, we should also increase the punishment of financial crimes. When handling financial crime cases, judicial organs should take the initiative, investigate suspicious points in a timely manner, and investigate and deal with each case as soon as it is discovered, without leaving any further consequences. Those who have caused significant economic losses to the interests of the country and the people should be sentenced harshly and quickly. Criminal cases that have not yet caused serious consequences should not be ignored and sentenced without questioning. In addition, certain financial institutions must also be held accountable for their behavior of failing to report cases, failing to investigate cases, substituting fines for punishment, and taking matters into their own hands. Only in this way can financial crimes be controlled to a minimum, thereby clearing the way for the healthy development of our country's socialist market economy.