Research On The Protection Of Legal Interests Of The Crime Of Financial Fraud And Its Boundary

There are two paradigms in the research on the protection of legal interests of financial fraud.The first is to criticize the criminal legislation of the crime of financial fraud through the concept of legal interests beyond the system.However,with the gradual functionalization and expansion of collective legal interest in criminal legislation,the two research paradigms mentioned above seem to be inadequate in the face of judicial difficulties.In fact,the so-called critical function of the transcendent system in the concept of legal interest is only the illusion of scholars on the function of legal interest critique legislation.Therefore,the first paradigm in the research on the protection of legal interests of financial fraud needs to be abandoned.As for the concept of legal interest in the system,only by paying attention to the external policy of financial control and endowing the substantive connotation of the crime of financial fraud,can we construct the concept of legal interest in the crime of financial fraud which is related to the image of the person,and then give full play to the function of legal interest in interpreting and regulating and promoting the doctrinal study of the crime of financial fraud.In answering the question of what is the protection of legal interest of the crime of financial fraud,the traditional view of criminal jurisprudence in China regards it as "the financial management order of the state and the ownership of public and private property",which is essentially the view of "complex legal interest theory" in Japanese criminal jurisprudence.But Complex Legal Interest Theory does not answer the question of the significance of order legal interest to the protection of legal interest of the crime of financial fraud.The main reason is that Complex Legal Interest Theory treats two different kinds of legal interests equally,but it does not clarify the basis and relationship of the two kinds of legal interests to protect the rationality of legal interests of the crime of financial fraud,which leads to the separation of the two kinds of legal interests and the failure to check each other.In view of this,through the introduction of Japan’s criminal law in the economic and criminal law to protect the interests of the relevant theory can be a good solution to these problems.First of all,under the system dependent legal interest and national rights protection legal interest dichotomy,because the national financial management order belongs to the national vital interest,cannot deny the system dependent legal interest because the order legal interest has the abstract legal interest in the financial fraud crime protection legal interest the status,therefore the financial fraud crime protection legal interest belongs to the system dependent legal interest;but the order justness needs to carry on the manifestation through to the individual legal interest protection,therefore the system dependent legal interest monism viewpoint is undesirable,namely the system dependent legal interest protection legal interest belongs to the system dependent legal interest plural legal interest and this kind of plural relations belongs to the rank relations.The protection of the legal interest of order can improve the efficiency of the protection of the legal interest of property law.The protection of the legal interest of property law can show the legitimacy of the protection.In addition,if we want to give full play to the function of legal interest,we must limit the boundary of legal interest protection in the crime of financial fraud under the guidance of certain principles.Therefore,we can deconstruct the boundary of the legal interest of order and limit the legal interest of order in the crime of financial fraud to the scope of"safeguarding the freedom of financial management of market investors by maintaining the authenticity of transactions of market players and transaction credit,which is an artificial order based on the self-generating order",and limit the connotation of the legal interest of property to the scope of "ownership of public and private property corresponding to the obligation of financial repayment" by substantive interpretation of the legal interest of property.Only in this way can we not only construct the "city wall" of criminal law to protect the pre-law,but also avoid the excessive erosion of civil economic freedom by state penalty power.