Author(s)

Fu Yulong ¹, Chen Haozhe ¹, Xiang Tao ¹

Affiliation(s)

¹ Southwest Minzu University, Chengdu, Sichuan, China

Corresponding Author

Fu Yulong

ABSTRACT

This article discusses the application of formal, substantive, and teleological interpretations in the financial field and their impact on the stability of the financial market. Formalists advocate for interpreting regulations based on the literal meaning of the legal text, excluding behaviors that should be punishable in substance but lack specific legal provisions. Substantialists, on the other hand, emphasize that interpretation should be guided by the interests protected by the legal provision, excluding acts that meet the formal criteria but are not substantially punishable. Teleological interpretation stresses the consideration of the socio-economic effects and outcomes of legal implementation. If the use of acceptance bills as a means of lending effectively supports economic activity without increasing systemic risk, it can be considered to meet the substantive requirements of the law. However, if it violates fundamental financial regulatory regulations and causes serious damage to the credit management system, it should be recognized as the crime of illegal lending. Through the analysis of the formal acceptance of bills, legality, and the financial backing behind them, it is possible to better understand the legal responsibilities and regulatory boundaries in financial operations.

KEYWORDS

Financial Crime; Criminal Law Interpretation; Financial Market Order

CITE THIS PAPER

Fu Yulong, Chen Haozhe, Xiang Tao, An Analysis of the Distinction between the Crime of Illegal Lending and the Crime of Irregular Issuance of Financial Bills in Chinese Judicial Practice. Science of Law Journal (2024) Vol. 3: 193-201. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030325.

REFERENCES

[1] Chen Qiqi. Research on Judicial Identification of Crimes of Illegal Acceptance, Payment, and Guarantee of Bills [D]. Southwest University of Political Science & Law, 2023. DOI: 10.27422/d.cnki.gxzfu.2021.001124.online.
[2] Du Yu. Criminal Policy and the Teleological Interpretation of Criminal Law [J]. Law Science Forum, 2013, 28(06): 74-83.print.
[3] Zhou Dazhong. Modern Finance [M]. Beijing: Peking University Press, 1994: 44.print.
[4] Li Si. Research on the Objective Elements of the Crime of Issuing Financial Bills Illegally [D]. Xiangtan University, 2019.online. 
[5] Tao Juan. Study on the Illegal Elements of the Crime of Illegal Loan Issuance [D]. Southwestern University of Finance and Economics, 2024. DOI: 10.27412/d.cnki.gxncu.2023.000366.online.
[6] Liu Aifeng. To Prevent Criminal Risks in Banks, Starting with the Crime of Illegal Loan Issuance [J]. Modern Commercial Banking, 2022(01): 42-44.print.

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