Research On Financial Prosecution System

As the core of the financial reflect the modern market economy, has penetratedinto all levels of the state, enterprises and people’s lives, financial security is animportant part of the overall national economic security and national security. Asfinancial markets continue to specialization, diversity and complexity of thedevelopment, financial crime have increased from2006prosecutors prosecuted4,000,up to2010, more than12,000pieces, the growth rate reached31%. The new situationin the financial sector and then, new problems emerge, which is bound to participatein the governance of financial crime prosecutors brought new challenges, theprosecution in the face of growing financial crime, a higher degree of specialization inthe financial sector of the situation described by the traditional extensive handlingmodel has been inadequate. Prosecutors need to adjust the ideas, theory and practicearound the issue of financial crime prevention and punishment measures launched toestablish and improve financial prosecutors, turned professional, refined handlingmode.The main content of this paper is divided into five parts:The first part of the financial Prosecutor Attorney specialization and financialoverview. First, the concept of financial prosecutors, characteristics, nature ofinterpretation, scientific orientation prosecutorial oversight role in the financialprosecution system. Secondly, it analyzes the connotation of specialized financialprosecutors, including the four aspects of functions of specialized, institutionalspecialization, professionalization, and specialization mechanism.The second part of the study analyzes the necessity of financial prosecutionsystem built from the country is now the problem of financial crime situation,improve the criminal justice system, the prosecution professionalism differentperspective, explain to build financial prosecution system has its practical necessity.The third part of the basic financial analysis procuratorial system build. First,from the theoretical basis, indicating the legitimacy of prosecutorial oversight offinancial systems; secondly, to build financial prosecution system has some legal basis,by combing the adequacy of laws seeking to build financial prosecution system in our country; Finally, the analysis regarding foreign prosecutorial system, specializedprosecutors, prosecutors specialized legislations for the construction of China’sfinancial prosecution system to provide reference.The fifth part, to build the professional development of financial prosecutionsystem. Building a financial prosecution system should adhere to the constitutionalposition, actively involved, the principle of complementarities and the development offinancial services, to deal with internal and external relationships. A reasonable way toresolve financial disputes, establish specialized prosecutors, specialized convergencecatching appeal mechanism, the precise scope of the case, prosecutors trainoutstanding financial professionals. Finally, well-coordinated seizure law, prosecutorsand police, pigging relations, good prosecutors guiding investigation mechanism,establish a good routine exchange mechanism for prosecutors to build a reasonableand efficient financial mechanism is essential.