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从规制金融犯罪初期至今,我国金融犯罪刑事政策基本保持“多罪化”和“重刑化”的定位。这一刑事政策有一定积极意义,然而防控金融犯罪效果不佳。应结合金融犯罪的特点,改变“重刑化”的刑事政策,设置更具有针对性的资格刑。我国刑法的资格刑原本就存在不足,剥夺政治权利的适用内容和适用方式不尽合理,缺少单位资格刑,建议充实资格刑的内容,完善资格刑的制度设计。
From the early stage of regulation of financial crimes, the criminal policy of financial crimes in our country has basically maintained the position of “multiple crimes” and “heavy penalties”. This criminal policy has some positive significance. However, the prevention and control of financial crimes are not effective. Should be combined with the characteristics of financial crime, changing the criminal policy of “heavy penalties”, set more targeted qualification punishment. The qualifications of criminal penalties in our country are not enough. The applicable contents and applicable methods of deprivation of political rights are not reasonable, and the qualification of penalty is not sufficient. It is suggested to enrich the content of the qualification penalty and improve the system design of the qualification penalty.