论文部分内容阅读
一般的司法机关和金融机构在处理金融诈骗案件时,多倾向于作为经济纠纷处理。由于经济制裁手段的滞后性及缓和性,结果往往是赢了官司却无法挽回损失。但如果从刑法的角度来防范金融诈骗案件,就可能会收获到较为理想的效果。但金融诈骗罪的成立必须以非法占有为目的作为其主观要件,对“以非法占有为目的”的认定应该根据客观情况以综合考量。
When the judicial organs and financial institutions in general handle financial fraud cases, they tend to be treated as economic disputes. Due to the lag and ease of the means of economic sanctions, the result is often win the lawsuit but can not recover the losses. However, if we guard against financial fraud cases from the angle of criminal law, we may gain a satisfactory result. However, the establishment of the crime of financial fraud must take the objective of illegal possession as its subjective requirement, and the determination of “the purpose of illegal possession” should be comprehensively considered on the basis of objective conditions.