金融诈骗罪的构成特征及立法完善

On the Constituent Characteristic and Legislative Perfectionof Financial Swindle Crime

金融诈骗是市场经济发展进程中出现的一类新型犯罪,在修订后的刑法中被单列一节。深入研究这类犯罪的构成特征,对于实践中正确区分罪与非罪、此罪与彼罪的界限具有重要意义。限于当时的客观实际,刑事立法上存在一定的缺陷,为了适应当前打击金融诈骗犯罪的需要,应作进一步的完善。

<Abstrcat>Financial swindle crime is a new type of crime emerged in the development of market economy, which is singled out as a specific section in the revised version of criminal law. Therefore, it is of great significance to probe into constituent characteristics of this crime, and to properly distinguish between guilt and innocence, this guilt and that guilt in practice. Restricted by the objective reality, there existed some extent of defects in criminal legislation. It needs further improvement to meet the demand of fighting against financial swindle crime in the current society.