Several Research On Crime Of Frauding Foans, Bills Acceptance, Or Financial Tickets

As in judicial practice it is very difficult to prove" the purpose of the illegal possession ", Crime of financial fraud in many financial fraud cases has been difficultly applide .The lack of legislation causes judicial embarrassment that in fact many financial fraud cases can not be convicted . Amendment 6 to the Criminal Law of the People's Republic of China established the Crime of frauding loans, bills acceptance, or financial tickets. The Criminal filled the needs of the judicial practice, and pefected the legislative system of the financial frauding crimes. However, in the background of lacking of the the judicial interpretation, the Criminal of frauding loans, bills acceptance, or financial tickets is also in judicial practice lack of a uniform criterion and application. This paper comprehensively expounds the essential characteristics of the Criminal of frauding loans, bills acceptance, or financial tickets, particularly detailed the objective essential characteristics. Meanwhile, the different characteristics distinguished between the Crime and the others through its several cases analyzed by judicial identification. In the base the paper deliberates misfeasor three different subjective contents as a starting point between the Crime, civil financial frauding disputes and the Crime of financial fraud, and sums up the feature that the same pattern of conduct exist among the three. Then, a legislative technical rule illuminated is that the common act which endanger the society arranged with different levels of subjective faults structures several crimes and legal provisions with different degree penalties. According to some standard, a step-up legal system is designed between crimes and legal provisions. From the crime of frauding loans, bills acceptance, or financial tickets, the paper identifies a certain act endanged the society arranged with different levels of subjective and objective essential characteristics facts as the main line conceived of a criminal step-up system. According to the relationship between crime and punishment, the author divided the criminal step-up system into basic parts, namely guilty step-up system and penal step-up system.