Research On The Difficult Problems Of Bill Fraud

As the most efficient,convenient and frequently used financial instrument in the modern financial system,bill has accelerated the financial capital circulation,commodity trading and circulation.The transaction of commercial transactions,final accounts of projects and other financial capital transactions with bills as financial settlement tools often involves a large amount of funds and a large amount of bills,and the bill crimes show a trend of high trend,among which the bill fraud crime accounts for a large proportion.Instruments,because of the special properties of the paper,in the event of such a crime will inevitably result in great economic loss,social harmfulness is larger,and the financial crime,crime of fraud of the paper is the most common in our country criminal law on the crime of fraud of the paper adopted is enumerated type legislation,the crime of fraud of the paper is divided into five kinds of criminal case,no pocket type clause,and,our country academic cognizance and explain the crime of fraud of the theory and practice methods for the bill is not the same,no a unified standard,causes our country about bills fraud crime constitution and punishment not form a complete conclusion.This paper from the three parts of the bill fraud crime crime from the in-depth comb and theoretical research,in the hope of better combination of the theory and practice of the bill fraud crime.The first part,the author from the subjective aspect problems of crime of fraud of the paper,in view of the current academic circles and the practice of the most controversial of negotiable instrument fraud does it include illegal possession for the purpose,whether to have indirect intent two problems,analyze the existing academic point of view,get the conclusion make crime of fraud of the paper that is more harmonious.The second part,the author of negotiable instrument fraud objective problems to conduct a comprehensive study,mainly on the basis of objective behavior performance of negotiable instrument fraud,crime of fraud of the instrument in our country combined with the current of contains a large number of controversial term,objective behavior and the author of the controversial term explain and discuss one by one,thus draws the corresponding conclusion,make notes fraud crime more clear.In the third part,based on the existing contents of bill fraud,the author analyzes the criminal behaviors that have the character of bill fraud but are not included in the crime of bill fraud in today's society,and hopes to play a role in improving the legislation of bill fraud in the future.