Filching Bank Acceptance Discount Behavior Qualitative

Judging from the term, the action of filching and discounting the bank acceptance refers to the action of discounting by taking the others'bank acceptance secretly, non-violently and unwarrantably with the purpose of encroaching by the actors. To be specific, its action mode is to filch and to discount, its action content is to take illegally and its target is the bank acceptance. After filching, the suspect takes the two ways to discount the bank acceptance: to discount the bank acceptance by himself and to sell the bank acceptance to the third party and let the third party to discount the acceptance from the bank.To confine the scope of filching the bank acceptance serves the definition of this action, which is the target of confining the scope. However, the definition of this action is controversial both theoretically and practically in the circle of criminal law. It is regarded as encroachment, larceny and bill fraud by different scholars from different perspectives. These three viewpoints have some sense from different angles and the arguments between larceny school and bill fraud school is extremely fierce.The basic reason for the difference lies in the different understandings and explanations of encroachment, larceny and bill fraud by different scholars and experts. In essence, we always hold that the qualitative factors are mainly the following three: the constitutive requirements of specific crime, the interpretation of the criminal law and the factors of specific case. Thus, the controversy for determine the nature of filching and discounting bank acceptance lies in these three aspects.We think that the way of imposing uniformity in all cases ignores the target of the actor and blurs the nature of the action, and leading, consequently, to the wrong conviction and sentence. Only based on the specific cases and the theory and criminal law, can we make a just, legal and reasonable sentence by combining regulations with judicial interpretations. In its form, the action of filching and discounting bank acceptance belongs to the category of implicated offence in the theory of criminal law, which means the doers hold the target of commit a crime and their behaviors or results violate other laws. In this article, by bearing the target of commit filching, the doer violates the bill fraud by purposefully using others'drafts.To sum up, according to the articles and judicial interpretations in criminal, the determination of the nature of filching and discounting bank acceptance should be based on the specific cases and be depended on the weight of the crime, not by singly regard it as filching or draft fraud. By this way, we can achieve the purpose of defining the crime by the law and punish the criminal according to his crime.