擅自设立金融机构罪若干问题研究

A Study on the Issues concerning the Crime of Unauthorized Financial Institutions

针对擅自设立金融机构罪司法认定中的若干问题进行探讨,阐明了设立本罪的必要性,重新界定了本罪的既遂标准问题,明确了本罪与其他金融犯罪存在牵连关系时的处理原则,阐述了境内合法金融机构与外国金融机构可以成立本罪的合理性。

In this thesis,several issues concerning the crime of unauthorized financial institutions in the judicial cognizance are discussed,for example,the necessity for the establishment of this crime is illustrated,the consummated standards of this crime are redefined and the treating guidelines are cleared when it is implicated in other financial crimes.Meanwhile,the reasonableness in the implementation of this crime by both domestic legitimate financial institutions and foreign financial institutions are also de...