Bills Fraud Objective Problems In Research

Notes came into being in the definite phase of the development ofcommodity economy, and developed with commodity exchanges and creditactivities. The most widely used monetary tools at present in China are notesexcept money. Notes defrauding is the negative product of the notes activity. Itproduced and developed at the same time with the development of notes.Nowadays, notes defrauding takes the first place among the economic crimeswhich happens in China, and causes lots of losses to both banks and customers,and it disturbs normal development of market economy. In practice of judiciary,the definitions of its several actions is the key problem in the recognition of notesdefrauding. The essay has operation significance for the practice of judicatory andit's valuable for criminal law.The essay is devided into three parts:The first part of the essay is the summary of objective aspect of notesdefrauding. This part goes around three matters: brief introduction of note system,the concept and the objective aspect of note defrauding. "Brief introduction of notesystem" is about basal knowledge of notes in the service of the discussion for thefull text. Then, according to the goals of legislation and the legal provision,conventional concept is reflected and argued through three aspects, and a newconcept of notes defrauding is drawn out. After that, the normal definition ofobjective aspect is elaborated, and based on what, main points in arrangement ofthis essay is brought forward.The second part of the essay is the research on conduct modes of notesdefrauding. There are several actions, such as, making use of notes, pretending tobe their own notes, signing and issuing notes and the false description of notes.Some difficult and disputed questions are detailedly discussed. For example, a newdefinition about one of the important actions "malting use of notes" is obtained; thesubject "pretending to be their own notes" is mainly about counterfeiting theidentity of another and in the name of others illegally; "signing and issuing noteswith non capital assured" and "the false description of notes" is actualized throughissuing the notes fraudulently. The third part of the essay is about guilty tools of notes defrauding. Five maintools are studied: imitative, altered, invalidated, others and untrue value basis ofnotes. There are a few new opinions in this part. For example, at first, there are twoforms for the imitative notes: imitating the appearance and filling in the content ofnotes illegally; the legal form of notes isn't the premise for altering the notes; andachievement of illegal economic interest should be the target of imitating andaltering notes. Second, "others" notes include notes with defect, and dead mancould be the object of this action; And so on.