The Perfection Of Bill Fraud In China

With the development of economy,the bill has been widely used in people's life.The wide application of bills has brought great convenience to people's economic life.Meanwhile,the bill has become a tool for criminals to make profit,which causes huge economic losses to the country and people every year.The enactment of a series of bill laws and regulations in China,especially the criminal law of regulating bill fraud,provides a strong guarantee for the punishment of criminal fraud.However,due to the late start of the paper market in China,the relevant laws and regulations cannot avoid the existence of hysteresis,so it is inevitable that there are inadequacies and disputes in the application of the provisions of the crime of bill fraud.This paper tries to analyze the related problems and put forward own opinions of these problems in the paper.First,this paper explains the basic problems of the crime of fraud of the bill,the paper defines the concept and characteristics,and explains two legislative modes namely model independent crime pattern and dependent pattern,then analyze the pattern of bill fraud legislation of our country.Secondly,it from two perspectives analyzes the shortcomings and difficulties in the application of bill fraud in China:behavioral and subjective aspects.on the one hand it analyzes the existing disputes of specific behaviors and put forward the method of settlement;on the other hand,the paper analyzes the subjective aspects of crime of bill fraud of the cognizance of "knowing",then puts forward the feasible path.And think that the crime need to behavior person has the "purpose of illegal possession".On the basis of the above,based on the objective condition of the use of bill,the author analyzes that the crime object of bill fraud needs to be expanded.Existing notes is not enough to cope with the paper market in crime of fraud of the criminal law article to print at home and abroad are atypical paper and electronic instruments to fraud crime tools,makes some completely accords with the behavior of crime of fraud of the instrument features cannot through the criminal law provisions of five types of behavior regulation.In the end,based on the present situation of of the criminal law,the paper analyzes the limitation of the applicable standard of penalty and puts forward corresponding suggestions on this basis.On the one hand,it puts forward the path of determining the criterion of the severity of punishment according to the unclear situation of punishment.On the other hand,according to the imperfect standard of the application of property punishment,puts forward the path of the application standard of detailed property punishment.