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The Legal Dogmatics Study of Network Financial Crimes under the Background of Risk Society

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DOI: 10.25236/mfssr.2019.060


Chen Cheng

Corresponding Author

Chen Cheng


The network financial risk is essentially the technical risk derived from the risk society and the business risk of traditional financial transactions which is the product of “superposition”, it is characterized by strong communication, deceptive and high degree of uncertainty breeds the stakeholders online financial fraud, such as fraud, online money intrusion and cross-border money laundering. The regulation based on online financial activities requires a trade-off between innovation protection and normative constraints. Therefore, judicial personnel should establish the interpretation concept of legal aid guidance. Abiding by the formal rationality advocated by the criminal law and starutoryism within the framework of the “Roxin's breakthrough” which properly plays the value-oriented role of criminal policy prevention goals.


Technical risk, network finance, formal rationality, criminal policy