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WTO investigation of economic crime Countermeasures _ _ Early Childhood Administrative Papers Papers

Yuxin Rong Qiu Lin designed the book light and 【Summary】 presentation on China's accession to WTO, Economic Crime and Economic Investigation of the new features of the new challenges facing the work carried out analysis, Economic Investigation to join the WTO, the five measures should be taken. Key words economic crime; investigation; countermeasures China's accession to the WTO is both an opportunity and a challenge, in the economic and social development play a major role in promoting at the same time, it will have some negative effects. Investigation of economic crime is also true, in time, in the economic field will be more rampant crime, Economic Investigation will face new challenges. How to correctly grasp the characteristics of the current law of economic crime, a scientific forecast of Economic Investigation joined the WTO, the new challenges facing the work, study and formulate appropriate coping strategies for the successful completion of the new situation of the Economic Investigation task of great significance. A join WTO, the new characteristics of economic crime (a) new types of economic crime will continue to appear. Joining WTO, the existing types of economic crime will continue to exist, a new type of economic crime will continue to emerge. First, with the increasing number of international economic relations, foreign-related fraud activities gradually increased, the acceleration of economic globalization and international trade have become increasingly frequent, some criminals will be the name of foreign joint ventures, cooperation, under the pretense of wantonly engaged in criminal activities in the country ; of collusion between criminal elements inside and outside the criminal case will be significantly increased; domestic criminals to escape combat, often with money after committing the crime fled abroad. Second, in international trade, letters of credit (card) to become a common way to pay, criminals often take advantage of the credit characteristics of the relatively high credibility, to forge letters of credit (card), and other means of fraud. Third, the current world money-laundering offenses to be getting worse, and present more developed countries, financial markets, the financial market is still in developing countries tends to spread, our accession to the WTO, it will open the doors widely cited foreign investment, opportunity to money-laundering criminals. Fourth, the WTO intellectual property crimes will continue to increase. (B) the number of incidence continue to rise, major increased in importance. WTO, with the accelerated process of economic globalization and increasing international trade activities, the economy will become more intense competition in the field, criminals commit crimes in the economic field will also be gradually increased, and often relatively large amounts of money involved. From the statistics, in recent years, the growth rate of economic crime cases was significantly higher than the growth rate of other cases, particularly cases of them to be. A few years ago I cracked the economic crimes bureau in major cases involving several hundred thousand dollars is not much, but the last two years occurred over economic crimes involving more than one million have been common. Bureau of 2001 I cracked as Lu Yi Sun fraud cases involving more than 200 million; the same year, Huang Fu cracked the case involving the illegal operations have 148 million. (C) expanding the area of crime,[link widoczny dla zalogowanych], against the object increased. WTO, with the human, financial, and material of the large flow of economic crime has penetrated to the financial, taxation, securities, insurance and other fields, often the victims of a single object from the object is also in favor of a large number of objects, these objects has been involved in different industries in different classes of people, both staff of enterprises, another self-employed, farmers and state cadres, rural grassroots cadres. Such as the National Day of Europe in 2001 cracked the case of misappropriation of funds, misappropriation of insurance premiums of 34 customers a total of 13 million yuan; Beijing to the town of Chen Cheng-minute case of illegal deposits from the public, involving 390 million yuan, involving as many as 600 people person. (D) has a strong hidden economic crime, diversity and intelligent features. With the development of modern science and technology, more and more criminals to education, enters the WTO, a number of economic crimes from the traditional, the primary means to the high-tech, intelligent direction. Criminals often use a use of computers and other high-tech means of molecular crime, meticulous planning, set a trap to lure the object deceived. (E) the international trend of economic crime strengthened. China's accession to WTO, will gradually with the world economy. With the accelerated process of economic globalization and increasing international trade activities,[link widoczny dla zalogowanych], foreign economic criminals and some business celebrities, like extending their reach to the domestic use of our open policy, international and domestic markets and legal systems between countries differences, the implementation of cross-border economic crime. At the same time, domestic crime, criminals will also be space to the outside, foreign extension,[link widoczny dla zalogowanych], expansion, foreign, foreign penetration of the domestic criminals, find an agent, so that economic crime a Since China is currently in the initial stage of market economy, weakening of social control mechanism, the law lags behind such phenomena will not eliminate in the short term, it is difficult to stop offshore, foreign criminals and cross-border crime in the domestic implementation occurs, this international economic relations to the economic crimes, as China joined the WTO and will be more intense. Second, after joining WTO Challenge of Economic Investigation. (A) of the hard evidence of economic crimes. Trans-provincial economic crime more than crime, coupled with the shortage of funding for Economic Investigation handling the case, to the evidentiary difficulty of bringing a large number of other provinces and cities because of local protectionism, the public security organ, came to investigate and collect evidence on the field or to hunt down fugitives public security organs to assist with inadequate, often only symbolic. Mostly economic crimes cases before, involving a longer time, usually because of some natural or man-made factors make some of the original documents, records, books and other evidence of loss or destruction, resulting in evidence more difficult. Pingyang County, Zhejiang Province, such as 2000, any forest bases, Lin is a full, Hong Yuji three to the county to run the sun craft toy factory to recruit workers in the name of the event through a series of premeditated and carefully organized and planned to defraud the 105 training fee of 7 million workers Yuan quickly fled. Because the three other provinces and cities are, and I repeatedly went to Zhejiang public security organs and evidence collection, trace and arrest, after a year of hard work, spend a lot of material and human resources before the forest base of any captured suspects. (B) qualitative economic crimes is difficult. Current laws and regulations are not perfect, judicial interpretation of hysteresis, the existence of regional standards are not uniform among the division, resulting in the identification of some difficult unified nature of the case, if the behavior harmful to society, and even cause greater economic losses, However, the absence of express provisions of the law, some legal provisions are too abstract and general formulation is too strong, nor the relevant judicial interpretations of complementary, in practice the lack of maneuverability. Because of these and other issues of the existence of the prosecution, law and public security organs in the two prosecution difficult. (C) the handling of cases of economic crime is difficult because of local protectionism serious part of the party and government organs, political and legal departments responsible comrades of the social dangers of economic crime, the lack of a clear understanding of the fight against such crimes is not enough attention to investigating the case weak, lax punishment of criminals on the economy. Some places only see the immediate benefits of party and government leaders, local interests, and the economic criminals as a investigation not to investigate, prevent against the attack, in order to protect local enterprises on the grounds, not to deal with prisoners, which makes the public security organs in the process of economic crime cases seriously affected. In addition, some party to the case for their own interests, often superior to the public security organs or the leaders of the problem, sometimes very one-sided and biased, both the leadership of the effort involved, but also hampered the work of handling, processing a variety of economic crimes relationship after another, more serious intercession wind, affecting the enforcement of the seriousness and impartiality. (D) the existing legal knowledge and investigative techniques can not keep up, investigative techniques difficult to adapt to the new situation. Three,[link widoczny dla zalogowanych], joined the WTO, Economic Investigation should take countermeasures. (A) increasing the capacity of that crime and crime investigation skills. Joining WTO, will present the overall incidence of economic crime and more complicated types of characteristics, trends show the implementation for the crime quickly, criminals escape and hide fast features fast transfer of proceeds of crime. So we need to strengthen the capacity of that crime,[link widoczny dla zalogowanych], with a higher rapid response capability, the only way to seize the aircraft and quickly solve the case, to recover damages. Currently, the Economic Investigation Department by the case of passive working conditions, difficult to adapt to the needs of the situation, WTO, the criminal means of information technology, networking, high-tech sector will be on the Economic Investigation of investigation capable of forming a new test. Therefore, the Economic Investigation Economic Investigation Department to increase infrastructure investment, the purchase of advanced technology and equipment, and effectively improve the ability of that crime, improve the ability to detect crime, to meet the (B) to strengthen the infrastructure of Economic Investigation, firmly grasp the initiative in the struggle. secret power and position control of the building, in the necessary and possible, to ensure the quality, hidden secret, strict management, and actively BUILT Economic Investigation special situations, working relationships, and pay attention to the relevant professionals, celebrities and foreign staff BUILT Economic Investigation special situations, working relationships, access to in-depth, professional financial criminal intelligence, to achieve the relative concentration of economic crime and economic crime in key areas who place a higher concentration of social control, and give full play in special situations of Economic Investigation pursuit of the special role of detection; must increase the input of funds, to strengthen the Economic Investigation collaborative network construction, Economic Investigation Department computer network, the realization of economic crime, networking and sharing of information. Only by strengthening the construction of the Economic Investigation based business, can we meet the needs of development of the situation after WTO entry, for investigating this case services, effectively combat all kinds of economic crime. (C) of the Economic Investigation Police to improve the quality of work needs to adapt to WTO Economic Investigation. In addition, domestic and foreign criminals to escape the blow may be the WTO or international trade rules as an excuse to cover up illegal acts. This requires us to strengthen the learning and the acquisition of knowledge and timely solutions to the difficulties encountered in practice, for the cracked and create favorable conditions for economic crimes. But on the whole, the professional quality of police and the Economic Investigation, As soon as possible to improve the professional quality of police to carry out a variety of effective education and training, such as in the WTO and to strengthen the international financial and trade aspects of legal knowledge of learning, strengthening the economy operating procedures and language, knowledge of the learning network information, means of modern communications technology to strengthen the learning and use, and strive to cultivate an Economic Investigation familiar with the business, master of modern economic knowledge, WTO planning and modern investigative techniques to run the team. (D) to overcome local protectionism and put an end to the relationship between text favors. Some leaders of local administration in order to protect the individual interests of the local economy, the economic criminals as a In addition, a number of economic criminals often use money to corrupt police or the beauty of the police were directly threatened. Economic Investigation team so to strengthen ideological and political quality, enhance the ability of preventing corruption, the Economic Investigation team always maintain a correct political direction and a firm political stance, and all are subject to the law <SPAN id=