Study On Several Questions About Judicial Determination Of Counterfeit Crimes

Counterfeit crimes refers to infringe the regulations of currency management, disrupt the activities of national banking administration,counterfeiting or altering currency, selling or purchasing,transporting, holding or using and smuggling counterfeited currency, and person of financial institution who purchaseing counterfeited currency or exchanging currency with counterfeited currency. The crime has six accusations:the crime of smuggling counterfeited currency; the crime of counterfeiting currency; the crime of selling,purchasing or transporting counterfeited currency; the crime of person of financial institution who purchaseing counterfeited currency or exchanging currency with counterfeited currency; the crime of holding or using counterfeited currency and the crime of althering currency.This paper mainly describes the following several respects:The first one is about the cognizance of legal interest and the object of the crime of counterfeit crimes.We consider that the legal interest of the crimes is monetary public credit and the right to issue paper money and the object of the crime is RMB and foreign currency, meanwhile, we would make clear the connotation of foreign currency. The second one is about the cognizance of subjective purpose of counterfeit crimes.Whether this type of crime be cognized as crime with purpose, we consider that,should be based on criminal suspects'different behaviors in judicial practice. The third one is about the cognizance and difference of the behavior of counterfeiting and altering in counterfeit crimes.The forth one is about the cognizance of accomplished offense and attempted crime and the standards of accomplished offense. The fifth one is about the cognizance of the quantity of crime of some accusations.The sixth one is about the cognizance of the behavior of "holding" and "using" in the crime of holding or using counterfeited currency.Through the discussions on some questions of six accusations of our country's counterfeit crimes in judicial determination, we would solve how to distinguish crime from innocence,this crime from that crime and one crime from several crimes involved by these types of counterfeit crimes, we could safeguard the law's unity, authority and justice.It would be beneficial to attack increasingly serious counterfeit crimes, protect our country's financial order and transaction safety, promote national economy development continuely, steadily and rapidly.