The Determination And Prevention Of The Crime Of Fraud Against Portfolio

Although Criminal Law of 1979 had ordained the crime of counterfeiting valuable securities, it can not satisfy the needs of attacking the crime of securities. Criminal Law subsequently added the crime of fraud against portfolio, which provided more sufficient bases of attacking the crime of securities, specially the crime of valuable securities.In the foreword, I simply introduce the main reasons and the harm to the society of the crime of securities; study the crime of fraud against portfolio in the crime of securities in theory and the necessity of finding out the countermeasure of prevention.At the first part, I introduce the concept and the category of securities firstly. What is called securities is a general designation of credence or certificates which is to indicate the ownership of all kind of the property. We can classify the Securities as bond, stock, subscription warrant and ticket of investment funds. Secondly, I introduce the concept and the category of valuable securities. What is called valuable securities is a kind of securities showing valuable rights in civil affairs. Possessing securities is a must of the occurrence, change and exercise of the rights.At the second part, I discuss the determination of the crime of fraud against portfolio. Firstly, I introduce the concept and constitutive requirements of the crime of fraud against portfolio. What are called the crime of fraud against portfolio are some kinds of behaviors of using government bonds and any other nation-issued valuable securities which are altered or counterfeited to swindle a large amount of money. It is obvious that this crime must possess constitutive requirements asfollowing. (1) The object which the crime trespass is normal administration order of national valuable securities and the ownership of public and private properties. (2) The doers in the crime, in objectivity, conduct the behaviors of using government bonds and any other nation-issued valuable securities which are altered or counterfeited to swindle a large amount of money. (3) The subject of the crime is general subject who is natural person who is older than 16 years of age and reaches the age for criminal responsibility. (4) The crime must be intentional in subjectivity, and the doers have the purpose of occupy the public and private properties illegally. Secondly, I introduce the means of the crime of fraud against portfolio. The means of the crime of fraud against portfolio are mostly as following. (1) Counterfeit government bonds and any other nation-issued valuable securities. (2) Alter government bonds and any other nation-issued valuable securities. (3) Sell government bonds and any other nation-issued valuable securities which are altered or counterfeited. (4) Use government bonds and any other nation-issued valuable securities which are altered or counterfeited to counteract the debts or make mortgage guarantee. Thirdly, I introduce the determination of the crime of fraud against portfolio. The determination of the charges of the crime of fraud against portfolio includes the determination of the crime of counterfeiting and altering national valuable securities and the crime of fraud against portfolio. At last, I introduce eight problems we must pay attention to in the determination of the crime of fraud against portfolio. At the third part, I introduce the prevention countermeasures of fraud against portfolio. Firstly, I suggest countermeasures of legislation. We should perfect the current Criminal Law. Secondly, I think we should strengthen the strike force. Then I suggest countermeasures ofstrike. At last, I think we should also make great efforts to preventing the crime at the same time of striking. Otherwise it will become a passive situation of endless strike. Then I suggest three countermeasures of prevention...