论我国金融犯罪的刑事立法政策——以刑法修正案为视角

On Criminal Legislative Policy of Financial Crime

我国金融犯罪刑事立法政策基本合理,主要表现为:犯罪圈扩大;合理的非犯罪化或从轻化;保持经济、行政法规的衔接与协调;入罪标准科学化。但也存在一定局限,主要表现为:刑罚处罚趋向加重;缺乏超前和预见性;部分罪名修改缺乏一体性考虑。建议在未来金融刑法立法上,谨慎保持扩大犯罪圈的趋势;改变立法的重刑结构;注重立法的科学性原则。

The criminal legislative policy of financial crime in China is reasonable. The main performance serves as the expansion of crime ring, reasonable decriminalization, keeps the convergence and coordination of economy and administrative regulations, and scientific standard. But there is a certain limit. The main performance serves as heavy penalty and punishment, lacks the predictability and some criminal amendment is short of consideration of integrity. It is suggested that in the future financial crime legislation should keep the trend of the expansion of crime ring carefully, change the structure of severe punishment of legislation, and pay more attention to scientific legislation.