The Research On The Crime Of False Pretenses Of L/C

The crime of false pretenses of letter of credit is a kind of transnational intellectual crime. In pace with world economy moving towards an organic whole by degrees, the economy connections of each country strengthen day by day. The behavior of the crime of false pretenses of L/C becomes more and more sly and concealed. Also the cheaters become more and more specialization and intelligence, what s more, the tricks of crime grow more ingenious. It endangers seriously society norma~1 economy order and affects building and perfection of socialist market economy. As the large country of international trade, economy degree of being dependent on foreign country will be higher and higher, also we will face more crimes of false pretenses. Our normal international trade is confronting with serious threat and challenge coming from the crime of false pretenses. In the first part, in the part of basic theory, this article surrrnarizes L C sYstem. Proceeding from these aspects on L/C, such as legal content, trade procedure, characteristics, function hazard for the settlement of accounts, the act ivitv of circulating necessary funds and so on, the article expounds legal mechanism of LIC for the settlements of accounts. It sets forth definition, characteristic, and significance of L/C. Along with using the coninents on LIC crime of false pretenses of foreign scholar for reference, and expounds the intention of crime of false pretenses of L/C from the angle of principle about criminal law and civil law. Also proceeding from the independent abstract principle of L/C, it thoroughly analyses the subjective and objective reasons that crime of false pretenses occurs. In the second part, from the angle of criminal law, the article analyses the subject and object, subjective and objective sides of L/C. From the angle of civil law and maritime law, the article analyses L/C crime of cheat, its requisites to constitute a crime, and different cheat tricks adopted by party of L/C, and then sums up the types of crime in order to punish their cheat behavior. It analyses specially the cheat that party of L/C may face and the cheat of beneficiary and other cheats trick. At last, by analyzing the similarities and differences of legislation and judicature systems concerned of foreign country, the article discusses some good defense countermeasure that we should adopt by drawing lessons from the foreign country. Later it analyses providing concerned about criminal law, civil law, maritime law which are related to crime of cheat on L/C and points out the defects our legal system. Following that, it puts forward concrete proposal of legislation and judicature on proposal of legislation and judicature on improving legal system and taking strong measures against the behavior of crime of cheat on L/C. At last the article discusses the way to solve the self梥aving measures that every party should adopt and the concrete measurers that international organization uses to defense against cheat of L/C.