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近年来,资金掮客大肆以低息套取金融机构和民间资金,再进行高利转贷,引发了各类经济犯罪甚至严重暴力犯罪,直接危害了我国金融秩序、市场信心和社会治安稳定。资金掮客犯罪主要表现形式是套取信贷资金、非法吸纳民间资金、通过外商直接投资赚取利差,并且有形成高利放贷职业化、团伙化趋势。我国现行《刑法》基本覆盖了该类犯罪,但仍有缺位情况。应通过制定“刑法修正案”和出台“司法解释”等弥补缺位,严厉惩治打击资金掮客犯罪。
In recent years, financial boomers borrow large amounts of financial institutions and private funds at low interest rates, and then carry out the transfer of profits. This has led to various types of economic crimes and even serious crimes of violence, and has directly endangered China’s financial order, market confidence and social order and stability. The main manifestation of capital offenders crime is to take credit funds, illegally attract private funds, earn foreign exchange interest spreads, and the formation of high-lending professionalism, gang tendency. The current “Criminal Law” in our country basically covers such crimes, but there are still vacancies. We should make up for the vacancy by drafting the Amendment to the Criminal Law and promulgating the Judicial Interpretation, and severely punish the crimes of cracking down on funds and clients.