Crime Of Forged Or Altered Financial Instrument Problems Research

Because financial negotiable instruments use and distribution of a broader, more and more high frequency, in view of the crime is more and more serious financial negotiable instruments, thus, accurate definition of crime of forged or altered financial instrument becomes more urgent and necessary, at the same time, in such aspects as behavior cognizance, crime form also has many problems, research about both in the judicial practice and the legislation has important significance. This article from the following aspects are analyzed.The first chapter discusses forged or altered financial instrument crimes for the way of the problem. According to forge the behavior in criminal law protect the form or content of a particular object, can be divided into the form of counterfeit and substance (content). Should be from two aspects of the essence of socialism and formalism multi-dimensional for consideration at the same time. The "fake" in Chinese criminal law should correspond to "true". Only after the imitated the form of a credit card, and the illegal information entry, is for the forgery of credit card. Alter the behavior of a negotiable instrument, refers to the items recorded in the financial certificates for change or modify the behavior of illegally. Deliberate the scratch the behavior of instrument belongs to alter the behavior of the criminal law. Should increase alter the behavior of a credit card type. It is not necessary to distinguish between forged and altered behavior, understanding of the forge to generalized contains altered behavior can avoid some trouble.The second chapter discusses crime of forged or altered financial instrument stopping forms of offence. Make it with one type should be classified as behavioral offence. Only can let the financial industry or general business people, have a certain financial professional knowledge of the people believe illegal copying or illegal in which financial instruments is made about mark crime accomplishment. Counterfeit credit card with one standard, should reach the level of make terminal machine "believe". Judicial explanation shall be corresponding to the amount of forging blank card limit, the amount of crime of forged or altered financial instrument to establish limits, and come to recognize as a behavioral offence, and in accordance with the behavior made it attempted to deal with this crime is standard and is not contradictory.The third chapter discusses crime of forged or altered financial instrument crime quantity of offences, including forged credit card sold or provided to steal credit card information before and after others or after-the-fact fraud shall be shall be given heavier punishment in accordance with the principles implicated offenses punishment from a felony, different behaviors coexist within about selective accusation cases shall be convicted and punished in accordance with a sin, forged or altered behavior of the quantity or amount of different objects involved shall be accumulated.