Notes Crime Studies

Along with development of commercial economic, currency payment can't fit for the economic development, commercial bill were invented as a convenient, effective payment instrument. But as commercial bill stimulate economic development, it also brings about crime. Commercial bill crime is the negative product of commercial transaction, along with the inventing and developing of commercial bill transaction. We can say that without commercial bill and relative commercial bill settlement system, without commercial bill crime. At present, financial crimes in our country most connected with commercial bill. Culprits directly commits commercial bill crime, such as commercial bill forgery, imitates someone else's commercial bill, signs fictitious bill, illegal sign commercial bill, illegal accepts commercial bill, and commit other crime with commercial bill, such commercial bill defraud. In recent years, Along with commercial bill rapid development, commercial bill crime become more and more rampancy, according to relative materials: In 2001, over 7000 commercial bill forgery and illegal acceptances commercial bill cases were put on record, total committed capital was over 5 billion RMB. Commercial bill crime not only disturb financial order, but also reduce people's trust on financial transaction, effect trade development both in and out of China, and lead to large quantity of SOE' assets running off, results in a lot of enterprises be in trouble. . Chinese criminal law has set up forgery and change financial bill crime(Chinese criminal law, article 117 ), illegal sign financial bill(Chinese criminal law, article 118 ), accept, pay, guarantee illegal commercial bill crime(Chinese criminal law, article 119 ), and commercial bill defraud(Chinese criminal law, article 194 ), but former commercial bill crime research rest on individual crime, lack deepen research on the essence, basic rule of commercial bill crime. So, as to one commercial bill transaction, someone believe commit crime, someone don't, someone believe commit this crime, but someone believe commit other crime.This paper analyses commercial bill basic legal system, general introduces Chinese commercial bill legislation, ascertain commercial bill crime's concept and category. Bring forward a new concept: commercial bill crime is a behavior seriously violate commercial bill law. It connects with commercial bill crime and commercial bill behavior, reveal commercial bill crime fundamental rule. Through comparing and analyzing commercial bill crime and commercial bill behavior, we know that behavior of commercial bill irregularity and crime are almost same, main differences are manifested by degree of social endangerment. We can get the conclusion that commercial bill crime's demarcation in essence is the "degree", but the "degree" is manifested in judicatory practice are convictions, is manifested by circumstance, criminal law has designed deferent crime circumstance to help people distinguish it. Besides, I analyses 4 commercial bill crimes, especially through analyses subject aspect and object aspect, explicit commercial bill crime and not crime, this crime and other crime, and point out some insufficiency on Chinese legislation, and present theory sustainment to perfect commercial bill crime legislation.