破坏金融管理秩序罪的立法修正及评价

Comments on the Legal Amendment of Crimes of Disrupting the Order of Financial Administration

《刑法修正案(六)》时破坏金融管理秩序罪做了较大修改,增加规定“骗用金融机构贷款、票据罪”和“金融机构背信挪用资金、资产罪”,修改完善了“操纵证券、期货交易价格罪”、“违法向关系人发放贷款罪”、“违法发放贷款罪”、“用帐外客户资金非法拆借、发放贷款罪”、“非法出具金融票证罪”和“洗钱罪”,反映出破坏金融管理秩序罪的犯罪化和刑罚化趋势。

Provisions of the crimes of disrupting the order of financial administration have been modified in the Amendment Ⅵ to the Criminal Law of the People＇s Republic of China. Fraudulently obtaining credit funds from financial institutions, as well as financial institution misappropriating money belonging to client shall be deemed as a crime. Other provisions such as rigging stock prices to obtain illegitimate profits or transferring risks, granting loans or issuing letters Of credit against regulations, money-laundering have also been perfected. The modification reflects the trend of legislator to maintain the order of financial administration with criminal law and penalty.