The Research Of The Crime Of Counterfeiting Currency Under The Angle Of Dangerous Crime

The problems that resulted in by researching the Crime of Counterfeiting Currency under the acts committed mode, are about that legal provisions about crime object and specific purpose are not very clear and the identification confusion in judicial practice because of different regulations published in different times.The reason is the ignorance of the standard of legal interest infringement danger. Dangerous crime provides a new angle of maintaining the Crime of Counterfeiting Currency. With classifying the Crime of Counterfeiting Currency as the abstract potential damage offence, applying the judgement mechanism of abstract potential damage offence to maintaining the Crime of Counterfeiting Currency. In the general case, when the act is in accordance with the constitutive requirement, it can be according to legal presumption rather than needing to judge the specific risk. But the abstract presumption judgement mechanism of abstract potential damage offence may lead to arbitrary and expansion in judicial practice. So it's necessary to apply corresponding restrictive way to the Crime of Counterfeiting Currency under abstract potential offence mode. With denying the way of specific dangerous crime, it's necessary to turn to seeking the limited mechanism of abstract potential damage offence itself in the theory of legal interest and criterion. Under the disproof limited mechanism of the theory legal interest, it can be proved noncrime when danger is absent. The specific way of disproof mainly changed from the subjective standard-the disproof of danger intention to objective standard -the disproof of actual danger. The obligation limited mechanism of the theory of criterion mainly adopts the casualism wl2hich is the combination of the theory of standard subjective obligation and standard objective obligation. Under the casualism limited mechanism, it's necessary to consider both specific subjective care obligation and normal objective obligation to eliminate the application of penalty. The theory of legal interest and criterion are not contrary. It's necessary to combine them in the judicial practice to limit the application of the Crime of Counterfeiting Currency.