Research On The Crime Of Counterfeiting Currency

Currency is issued by the state and has circulation.In the economic transaction activities,as the main means of payment,it is an indispensable medium of the economic transaction activities of the whole society,and also the basis of the development of commodity economy.In order to ensure the security of economic transactions and maintain the public credit of currency,most criminal laws in the world regard the act of impairing the public credit of currency as a crime.In the early days of the founding of the People’s Republic of China,the crime of impairing the national currency,including the crime of counterfeiting currency,was stipulated in the form of a separate criminal law.With the development of the rule of law,the provisions of punishing the act of counterfeiting currency are constantly changing.Now the description of the crime of counterfeiting currency in our criminal law is simple,and the specific identification and punishment depend on the refinement of judicial interpretation.In judicial practice,there are some inconsistencies in the determination of the accomplished or attempted crime for similar cases,and there are also disputes in the criminal law theory about the accomplished form of the crime of counterfeiting currency.Taking the crime of counterfeiting currency as the research object,this paper analyzes the above problems and disputes,and puts forward some suggestions for judicial practice and criminal legislation.In addition to the introduction and conclusion,the paper is divided into five parts:The first part is the legislative evolution of the crime of counterfeiting currency and the investigation of foreign legislation.According to the context of time development,this paper combs the legislative changes of the crime of counterfeiting currency since the founding of the People’s Republic of China,introduces the provisions of the crime of counterfeiting currency in France and other countries,and obtains the legislative enlightenment of perfecting the crime of counterfeiting currency in China.The second part is about the constitutive requirements of the crime of counterfeiting currency.The article holds that the object of the crime of counterfeiting currency should be the public credit of currency,which includes two aspects: the authenticity of currency and the stability of currency value.Counterfeit currency is the action object of the crime,which is used to describe the nature of the behavior and has the function of classifying the behavior.The object of the crime is real currency,which is the carrier of the public credit of currency.There are many ways of counterfeiting currency,and different ways of forgery have different stages of implementation.The result of the crime of counterfeiting currency is the danger of infringement on the public credit of currency,which is shown by the objective phenomenon of counterfeit currency.Counterfeit currency is a dangerous state,and from the perspective of behavior,counterfeit currency is the behavioral outcomes of the crime.The subject of the crime of counterfeiting currency is the general subject of natural person.The subjective intention of the crime is direct intention,and China has not stipulated the objective elements of the crime,but the specific purpose lays the foundation for the danger of infringement of legal interests,and the specific purpose should be the necessary subjective element of the crime of counterfeiting currency.The third part is the accomplished form of the crime of counterfeiting currency.This paper discusses the argument that the crime of counterfeiting money is an act crime or a dangerous crime,and makes it clear that the accomplished form of the crime is the attribute of abstract dangerous crime.For the judgment standard of dangerous state,we should adopt the standard of common people,that is,the counterfeit money should reach the simulation degree of the possibility of general misidentification.For the dangerous state,we should adopt the standard of common people.The scope of judging the state should first judge whether the forgery itself can produce counterfeit money,and then judge whether the counterfeit money has reached the degree of confusing the fake with the real and causing people to mistake.The specific judgment of the dangerous state should consider the attribute,method,implementation stage of the forgery,the specific purpose of the criminal object and the object of crime.The fourth part,several problems in the determination of the crime of counterfeiting currency.This paper analyzes several problems existing in the determination of the crime of counterfeiting currency,and makes it clear that such atypical currencies as wrong currency,foreign currency that cannot be exchanged in China,precious metal commemorative currency,digital RMB and so on are the object of the crime.It points out that the standard of accomplishment of the crime should be to reach the degree of causing people to mistake when determining the semi-finished products,waste currency and other incomplete counterfeit currency.When calculating the amount of counterfeit money,it is necessary to distinguish between incomplete counterfeit money and complete counterfeit money.it is clear to identify several special "forgery" behaviors,that is,the behavior of making counterfeit money is the preparatory behavior of the crime of fraud,the behavior of making counterfeit currency of piecing the true currency and false currency is the crime of forgery,and the behavior of making currency model is the beginning of the crime of forgery.The fifth part is the legislative and judicial suggestions on the crime of counterfeiting currency.On the one hand,it proposes to improve the provisions of the criminal law by reconstructing the chapter system,increasing the requirements for specific purposes,clarifying the scope of the object of the crime,increasing the provisions of "large amount",and deleting the provisions of the crime of altering currency.on the other hand,it puts forward some suggestions on the recognition of the crime of counterfeiting currency,by strengthening the understanding of the dangerous nature of counterfeit currency,deepening the appraiser system,and so on Allow the actor to prove to the contrary and other ways to solve the problems of judicial determination.