Brief Analysis Of Crime Of Fraud By Letter Of Credit Within Foreign Trading Field

This thesis briefly analyses the crime of fraud by letter of credit (L/C), examines the matter from criminal law's angle within the field of import and export trading. First, it introduces Chinese foreign trading background, the terms of payment, especially the regular term of payment--letter of credit. Include the concept of L/C, the flowchart of L/C payment and the people concerned. As the regularly acceptable payment pattern, L/C also has to comply with the international practice. Because of such international practice, L/C has its own special characteristics, which leaves opportunities to bad people.Secondly, thesis briefly analyses the Crime of Fraud by L/C stipulated in Chinese Criminal Law by three basic aspects, that is, by crime, responsibility and penalty three sides. Thesis makes a concrete analysis of the Crime of Fraud by L/C's concept, the constitution of important conditions and penalty regulated in this Criminal Law article. Especially expounds the meanings of such stipulations, excavates the law principles and law spirits back the scripts. Among the thesis, it states the reason why the criminal objects of the Crime of Fraud by L/C must be complex objects, according to such complex objects the Crime of Fraud by L/C isolated common Crime of Fraud, sorted with the 5th part"Financial Crime of Fraud"which classified to the 3rd chapter"Crime of Destroy Socialist Market Economic Order". Such solution makes clear the Crime of Fraud by L/C infringes not only the property but also the financial administrative order. Chinese present social and economic condition and development ask criminal law reform. The common Crime of Fraud can not satisfy the needs of new social relationship. According to the economic reform, criminal law must adjust itself to guarantee fine social relationships; it's just the very significant of regulating the Crime of Fraud by L/C.About the objective facts of the Crime of Fraud by L/ C, this thesis intends to analyze with real affairs within the field of judicial practice. The main body of the Crime of Fraud by L/C includes both individual and juristic person. The thesis would tell the essence of legislation about the fit of main body. Would"illegal possession purpose"and"be fully aware"be the necessary constitution is the key to tell the crime from the non-crime? This is the problem on the subjective facts. Chinese Criminal Law includes common Crime of Fraud, Crime of Fraudby Contract, Crime of Fraud about foreign exchange and eight types Financial Crime of Fraud. Chinese Civil Law also stipulated crime of false pretenses. So thesis also plans to analyze the law articles'competition and blend. And jurisdiction competency of Chinese Criminal Law is one topic in this thesis, since the criminal could be foreigner and such crime would happen in foreign countries but harm Chinese interests.At last, thesis analyses the penalty regulated about the Crime of Fraud by L/C. And the different punishment when crime is in different criminal pattern is another point to tell. For example, ready pattern, not accomplished pattern, and the stop pattern when ready period.