Studies On Some Questions Of Notes Defrauding

Notes came into being in the definite phase of the development of commodity economy, and developed with commodity exchanges and credit activities. The most widely used monetary tools at present in China are notes except money. Notes defrauding is the negative product of the notes activity. It produced and developed at the same time with the development of notes. Nowadays notes defrauding takes the first place among the economic crimes which happens in China, and causes lots of losses to both banks and customers and disturbs normal development of market economy. Differentiations between a crime and non-crime of notes defrauding, between notes defrauding and other economic crimes are the most difficulties in practice of judiciary. This essay is practicable for safeguarding of financial security, and it has theoretical worth in the criminology as well.Main content of this essay has follows: the first part of the essay defines the crime of notes defrauding. The second part of the essay analyses several models and questions of the notes defrauding. Five misbehaviors and some argumentative questions are put forward and studied. There are several models of notes defrauding, such as, making use of forged, changed and useless notes, pretending to be their own notes, drawing notes without money in account or drawing notes not in accordance with seals reserved in advance, and drawing notes without money guaranteed. And the essay discusses some items such as "forging, using, pretending". The third part of the essay introduces the subjective cognizance of notes defrauding. The subjective of notes defrauding are intent directly and the main purpose of subjective is possessing illegally. The essay explains the meaning and cognizance of illegally possessing. The fourth part of essay discusses several objects of the notes defrauding, such as cheque cards, and foreign notes. The fifth part of the essay introduces cognizance and characters of the abortion of the notes defrauding. The crime of notes defrauding appears to be decided by the result of amount of money. And the characteristics of abortion of the notes defrauding are evil thoughts in subjective, limitation on five models in objective and large amount of money and products in result. To identify abortion of notes defrauding depends on above three characteristics and actual dangerous result comprehensively. The sixth part of the essay tells the difference among crime of notes defrauding and non crime of notes defraudingand economic entanglement. Their differences are concentrating on whether they know the situation subjectively and defraud property on purpose. The seventh part of the essay tells the differentiations between crime of notes defrauding and other seven economic crimes. The eighth part of essay provides some constructive suggestions of legislation. The original legislation of crime of notes defrauding can't include all kinds of criminal behaviors and it is better to use the way of general description and common models of crime instead of original one.