论文部分内容阅读
逃汇、骗购外汇、非法买卖外汇等行为既是违反外汇管理的行为,也是属于刑事犯罪行为。对此,我国的《外汇管理条例》分别规定了相应的行政处罚种类和幅度,《刑法》及其补充规定也规定了对应的刑罚措施。同一个逃汇、骗购外汇、非法买卖外汇行为,可能既违反了外汇管理规定,也构成了犯罪,又应当如何处理呢?是适用行政处罚,还是适用刑事处罚,或是适用行政和刑事双
Evading foreign exchange, defraying foreign exchange and illegally trading foreign exchange are both acts that violate the foreign exchange administration and are also criminal acts. In this regard, China’s “Regulations on the Administration of Foreign Exchange” stipulate the types and ranges of corresponding administrative penalties respectively, and the Criminal Law and its supplementary provisions also stipulate corresponding penal measures. The same act of escaping money, cheating on foreign exchange and illegally buying and selling foreign exchange may violate the provisions of the foreign exchange administration as well as constitute a crime and should be dealt with as such? Is it applicable to administrative penalties or to criminal penalties or to administrative and criminal double