Research On Letter Of Credit Fraud Crime

In the modern economic society, along with foreign trade's unceasing development, the letter of credit service is turning toward the more widespread domain development; the international society also gradually achieves the standardized mutual recognition to letter of credit's use. In contemporary China, the letter of credit is also the financial bills which in the foreign trade uses frequently, about 80% above international trade use the letter of credit to take the method of setting accounts. Letters of credit in the exercise of its tremendous role at the same time, certain lawless elements are using him to the letter of credit fraud, credit service to the legitimate interests of the parties is a serious loss, and also to the credibility of a bad impact on banks. At present in the international did not have special Convention of punishment of the crime of fraud on letter of credit. Basically speaking, in various domestic laws has not had the law which the same as our law rules the crime of fraud on letter of credit, therefore conducts thorough and system research to it has extremely important theoretical and practical significance.The paper is divided into five chapters. Chapterâ… is about the letter of credit, which introduces the concept and the content, simply elaborates the developing process and the classification, and showed the operation flow and the parties involved in the contract on the letter of credit. Chapterâ…¡is the crime of fraud on letter of credit and the laws as well as regulations on that crime, which introduces the characteristics of the crime of fraud on letter of credit and the regulations on domestic as well as overseas. Chapterâ…¢is the crime constitution of the crime of fraud on letter of credit. First of all, discuss the four different behavior ways of objective aspects. Second, the exposition of its object, support and give the reasons for this view that the crime of fraud on letter of credit infringes the object of the management system of letter of credit and the ownership. Third, discuss the unit's subject of crime on crime of fraud on letter of crime and the companies as well as enterprises which are at abroad, main Hong Kong, Macao, and Taiwan regions could constitute the subject of crime. Finally, discuss two problems about the subjective problems of the crime, namely, whether the request "purpose of illegal possession" and whether indirect intent could constitute this crime, and the conclusions is sure. Chapterâ…£is how to determine the crime of fraud on letter of credit. First issue is "crime and non-crime" about fraud on letter of credit, second is the differences with the crime of fraud, the crime of forging financial bills, the crime of defrauding a financial institution of loans and the crime of contract fraud, the last is the crime pattern of this crime. And the conclusion is that the crime is behavioral offence and has the abortion of crime pattern. Chapterâ…¤is that advocated the abolition of the death penalty of the crime of fraud on letter of credit, and the author gives the reasons on that question.