Research On Related Issues Of The Crime Of Holding And Using Counterfeit Currency

The crime of counterfeiting currency seriously endangers the financial management order,economic security and social stability of the country.Among them,the crime of possession and using counterfeiting currency is the most direct violation of the monetary system and public credit,which should be valued.In reality,the perpetrator of the currency crime often violates various types of crime,judicial organs do not deal with the cases in a consistent way because of the lack of a unified identification standard.Different judgments in the same cases will degrade the judicial authority and justice.According to this,this paper intends to make a systematic explanation of the constitution of the crime of possession and using counterfeiting currency,and make an in-depth analysis of the number of crimes in the process of application of this crime,and strive to sum up into a way of dealing with multiple crimes simultaneously,so as to have reference value for the conviction and sentencing in practice.Firstly,the constitutive requirements of the crime of possession and using counterfeiting currency are interpreted.The object of the crime should be defined as the national currency circulation management system."Possession" should be regarded as a kind of independent behavior parallel to act and omission,which belongs to the typical abstract dangerous criminal;"using" should be interpreted as the behavior of placing counterfeiting currency as true currency directly in circulation.The judgment of counterfeiting currency should adhere to the " binary opposition logic",that is,the standard of either true or fake,and advocate that alteration currency should be included in the evaluation of counterfeiting currency.The subject of this crime should be strictly limited.Counterfeiters and units cannot be the subject of this crime.Subjectively,this crime should have the purpose of putting counterfeiting currency into circulation.Secondly,the crime number form of crime of possession and using counterfeiting currency.On the application of this crime as a selective accusation.Based on the amount and type of money,this paper divided into five cases and different punishment methods.Combined with the common cases in the judicial practice,this paper focuses on the handling ideas when this crime is concurrent with the crime of fraud and theft.If the fraud is obtaining counterfeiting currency,the crime of possession counterfeiting currency and the attempted crime of fraud shall be established;if the fraud is carried out by using counterfeiting currency as asset vouchers,the crime of possession counterfeiting currency and the crime of contract fraud shall be established;if counterfeiting currency is used to exchange money in pocket,the implicated offender of the crime of possession counterfeiting currency and the crime of theft shall be established;if counterfeiting currency is deposited in ATM to get true currency and changes of counterfeiting currency,the imaginative joinder of offenses of the crime of using counterfeiting currency and the crime of theft shall be established.In favor of the theory of "grand concurrence",the principle of "one priority" should be adopted if we do not strictly distinguish the concurrence relationship between the crime of using counterfeiting currency and the crime of fraud.Finally,behaviors of using after selling,transporting and buying counterfeiting currency are evaluated.According to the Article 2 of the < Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Such as Counterfeiting of Currency>,based on the behavior evaluation mode of "using after purchase of counterfeiting currency".Introducing the factor of "the actor's resort to violence",and the possibility of transformed robbery is evaluated under the condition of the concurrence of this crime and fraud.The judicial interpretation shall be supplemented appropriately,and the content of "if the using of counterfeiting currency constitutes other crimes at the same time,the punishment for several crimes shall be carried out in accordance with the most heavier punishment and the crime of purchasing counterfeiting currency" shall be added to the first paragraph of Article 2.In addition,in view of the tendency of overstepping jurisdiction in judicial interpretation,the legitimacy and rationality of relevant judicial interpretation should be examined in application.