论金融诈骗罪的概念和构成特征

On the Concept and Characteristics of Crime of Financial Fraud

金融诈骗罪是近年来金融领域中的高频多发犯罪 ,研究金融诈骗罪的概念与构成特征对于司法实践正确认定该罪具有重要意义。论文首先对金融诈骗罪的概念作了较为科学合理的界定 ,并对金融诈骗罪与金融欺诈犯罪概念的异同作了剖析 ;尔后 ,对金融诈骗罪的主体、主观、客观、客体特征中的若干重点、共性问题作了探讨 ,尤其是对非法占有目的的理解与认定问题作了详细的剖析。

Recently, crime of financial fraud is much frequently occurring in the field of finance. There is significant on studying the concept and constitutive characteristics of crime of financial fraud for convicting this crime within judicial practice. The thesis first scientifically and rationally defines the concept of crime of financial fraud and analyzes the similarities and differences between the concept of crime of financial fraud and that of crime of financial false. Then, the thesis deeply explores several important issues concerning the characteristics of subject, subjective, object and objective. The thesis especially focuses on analyzing the comprehending and convicting the purpose of illegal possessing.