金融犯罪新罪名司法适用的实证分析与理性反思

New Financial Crime Charges Empirical Analysis of the Judicial Application with Rational Thought

近年金融刑事立法活动十分积极,而司法实务部门对金融犯罪新罪名的适用却相当谨慎。这种现象的原因主要有:刑事立法与司法错位,导致法律虚置现象;犯罪构成要件不甚明确,立法技术有待提高;刑事政策宽容,司法非犯罪化;金融刑事司法人员专业素质的局限性等等。因此需要做到:协调金融刑事立法与司法,注重立法效绩,加强司法人员专业素质培养,探索金融刑事司法制度创新。

In recent years, the criminal legislation of financial activities is very positive. And in sharp contrast：The judiciary on the new charges applicable to financial crime is quite cautious. The reasons of this phenomenon mainly include：Criminal justice legislation and lack of coordination, leading to the phenomenon of idle law： A crime is not very clear, the legislative technique need to be improved;Criminal judicial policy tol- erance;Financial criminal judicial personnel professional quality low, and so on. Promote financial criminal justice, to protect the healthy development of financial markets need to do the following：Coordinate financial criminal legislation and judicial,focus on legislative effect; Strengthen judicial personnel professional quality training; and explore the innovation of financial criminal justice system.