The Distinction Between The L/c Fraud And Crime Of Fraud Of The L/c

Credit system is a genius in the field of international commercial invention,the emergence of the l/c to maintain the international transaction security,greatly promoted the prosperity of international trade,therefore,payment by l/c has been widely used in international trade.Since China's reform and opening up,the international trade volume rising for years,our country enterprise to follow the international practice,is widely used in the import and export business of the l/c as payment.However,any of a security system is the loophole,criminals are using improper legal loophole for huge interest in the l/c system,through the l/c fraud and the l/c fraud is the main way.Chinese become more important of the two cases occurred,China is becoming a fraudsters paradise.It has a profound background of domestic factors.On the one hand,China's foreign trade in the world,China's banking credit business in the global ranking first,related to this letter of credit dispute rises year by year,on the other hand,due to China's environment,the imperfection of the legal system,the fight is not enough precise,such problems as lack of deterrence causing frequent letter of credit fraud,according to related statistics,every year in our country due to the l/c fraud,fraud was tricked into payment for goods has reached the very horrible.Such as the 90 s in hebei hengshui the ABC of standby letter of credit fraud,the amount is at an astonishing billions of dollars.Our country existing law especially the provisions of the criminal law is not perfect,in the practice of the innocent disorderly penalty,guilty without penalty,the boundaries between the economy dispute and economic crimes are not clearly,connection with different sentence,leading to the authority of law is insufficient,undermined the l/c fraud trial of deterrence,more importantly,when a country for wrongdoing to confuse the concept of crime and is not a crime,for country and nation is all the beginning of the disaster,there exists excessive blow and striking power problems,such as China became a fraudsters paradise is the proof of the system of disaster.As a result,to clear the l/c fraud and crime of fraud of the l/c strictly defined,and in the judicial practice of two kinds of behavior evaluation respectively,strictly trial,is our country judicial person face to face with challenge,accurate maintenance transaction security and order,fight crime and safeguard human rights of responsibility and mission requirements.The first chapter is the judicial recognition of the l/c fraud and crime of fraud of the l/c,through three questions different sentenced to the judicial application of connection with the case,first introduced the system of l/c,l/c fraud,crime of fraud,points out that the l/c fraud and crime of fraud of the l/c in the aspect of main body,behavior,subjective aspect and objective aspect there is overlap,analyses the reason of the l/c fraud and crime of fraud of the l/c is blurred with the cause of the same and have similar environment and decision criteria,the social harmfulness are similar,and expounds the realistic significance of the distinction between the two.The second chapter is to distinguish the l/c fraud and crime of fraud of the l/c,the method of contrast analysis of the two,summed up in both social harm degree,subjective intent,etc.There are different legal nature and relief way,pointed out that the key to distinguish between the two is whether with illegal purposes,and to distinguish between the two discussed how to use illegal possession purpose.To make clear the property of soft clause of the l/c,the soft clause of the l/c out of the l/c fraud and crime of fraud of the l/c,more help to clear the limits of both.Finally,in this paper,the distinguish of the l/c fraud and crime of fraud of the l/c in the legislative and judicial application on some ideas and countermeasures are put forward.