| In the tenth year after the financial crisis,duty crimes became one of the incentives for risk accumulation in China’s financial sector.In order to prevent and resolve financial risks,“one line,one committee and two meetings” have carried out stricter financial supervision,but this kind of separate supervision mode has obvious loopholes in the development of rapid and over-innovation financial products,especially in the post.field.Such supervision is internal supervision,and there are illegal supervision phenomena such as cover-up and indulgence.It is difficult to produce a good regulatory effect on job-related criminal activities in the financial field.In the supervision system,because of the provisions of the Administrative Supervision Law,the supervisory power of the administrative organ cannot be related to the financial sector.The party discipline inspection of the Disciplinary Committee only involves party members and cadres in the financial field,and the legal supervision of the procuratorial organs has problems such as excessive delay.Let all duty criminals get the trial and punishment that the law should have.The drawbacks of this punishment and prevention are not only not conducive to the long-term healthy development of China’s financial industry,but also to the construction of the rule of law and the rule of law.The reform of the supervision system that began at the end of 2016 has provided new impetus to the supervision of duty crimes in the financial sector.Compared with the procuratorate,the Commission has natural advantages in terms of investigative techniques,regulatory methods and preventive effects.Although the newly established Supervisory Committee has achieved success in pilot projects in Beijing and Zhejiang,there are still areas for improvement and improvement in the supervision of duty crimes in the financial sector.Therefore,this paper takes the supervisory committee’s involvement in the supervisionof duty crimes in the financial field as the research object.Firstly,it analyzes the legal supervision system and its predicament of financial duty crimes in China.Secondly,combined with the current important institutional reforms,it puts forward new suggestions on the supervision of duty crimes in the financial field from the aspects of necessity,legal basis and realistic basis.Although the supervision committee’s involvement in the supervision of financial duty crimes can solve the problems of the administrative supervision vacuum and the delay of criminal regulation in the original supervision system,the problem of insufficient financial professionals still exists.The establishment of the Supervisory Committee and the promulgation of the "Supervisory Law" also triggered problems such as poor connection between the supervision law and the criminal procedure law,and the irregular operation procedures of the supervision committee.In order to make the supervision committee better punish and prevent duty crimes in the financial field,this paper puts forward some countermeasures and suggestions from three aspects: perfecting the legal basis of intervention,standardizing the operation mechanism and optimizing the external connection mechanism.The existing law provides a certain degree of basis for the supervision committee to supervise the duty crimes in the financial field.In order to meet the requirements of procedural justice and achieve the goal of result justice,it is necessary to improve the basis for the power of the supervision committee to exercise power.The Organizational Law protects the legitimate rights and interests of supervisors while undertaking duty crimes,and improves the connection and integration between the Supervision Law and the Criminal Procedure Law and its related judicial interpretations.In addition,because the supervisory committee has stronger powers such as liens when investigating duty crimes,it also protects the legal rights of criminal suspects when punishing crimes.Therefore,it is necessary to clarify the boundaries and procedures for exercising powers of thesupervisory committee from the legal level.And improve the supervision procedures for the supervision committee.From the supervision committee itself,the most important thing is to improve the degree of legalization of important decisions and avoid administrative intervention monitoring.Secondly,in order to better supervise and manage job behaviors in the financial field,on the basis of strengthening cooperation with internal departments,we can try to establish specialized sub-sectors responsible for financial crimes and build information sharing systems for financial positions.In addition,the Commission will also conduct financial job crime prevention activities in conjunction with the financial sector and courts at all levels to prevent financial duty crimes from the source. |
