| Master's thesis, including a summary of the executive summary, keyword, the preamble, the text references, postscript six parts, About 40,000 characters.Financial documents and fraud in 1997 is a new revision of the Penal Code to increase the charges. Financial documents and fraud seriously damaged the country's financial order and living order to harm the healthy development of economic construction, Preventing and combating financial document fraud has become an important part of a criminal trial. As a new set of charges, there are many issues that require further study and discussion.This article will focus on the legislative history of financial documents and fraud, constitute the characteristics of the patterns of crime, a crime with a number of crimes, Justice finds problems in light of the actual trial, with a combination of theory and practice. strive for the crimes of a more comprehensive and rational analysis and exposition.This paper is divided into four parts :The first part briefly in the basic knowledge of financial instruments, and the important role of clearing bank on the basis that China's financial documents reviewed the legislative history of fraud, document fraud in order to justify the financial significance. The second part, dealing with the financial documents to defraud the composition characteristics. Discussion of the financial document fraud violations of the object is a complex object; Second, document fraud focused on the financial targets of the crime, the clearing of several common documents for the analysis, The offense has defined the scope of financial documents, the settlement documents and how to identify other banks; again on the subject of this crime is a crime units in a brief analysis of the specific problems; Finally, on the crime of illegal possession and illegal possession of the identity of a detailed exposition. The only crime of intentionally put constitute direct, indirect deliberately not commit this crime.The third part, dealing with the financial documents to defraud the crime. Perpetrators of this crime and the attempted standards, the perpetrators of this crime on their views on some difficult issues, convicted of the crime. The principal amount of fraud identified and the general staff in collusion with financial institutions using forged. falsified financial documents and illegal possession of the property of the financial institutions identified for detailed analysis. Meanwhile, the author discusses a number of financial documents to defraud the crime problem. Evidence of fraud and financial fraud, notes fraud, contract fraud, forgery, altering financial instrument for a detailed analysis of the relationship between crime, through analysis, clearly define the limits of this crime and related offenses. for solving some difficult problems encountered in the practice of the theory. Part IV combined practice of this crime in Justice of hot-button issues were discussed. Think it would be subjective intent, and acts as a financial means and the amount of document fraud Guilty boundaries. use of financial instruments to void fraudulent documents to the bank fraud and impersonation conduct a detailed analysis of the property; Continuous acts of fraud, document fraud involving financial fraud and other criminal acts should be implemented graft; the use of intangible property fraud in the forgery of financial instruments, financial instruments constitutes fraud. Key words : morphological characteristics of the financial instruments fraud legislation finds justice... |
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