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Bills To Defraud A Number Of Issues To Study

Posted on:2008-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:S X ZhanFull Text:PDF
GTID:2206360215960858Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Notes defrauding is the negative product of the notes activity. It produced and developed at the same time with the development of notes. The crime of notels defrauding is a crime that has serious harmfulness to the society, and it has the characteristics of serious criminal case and many group crimes and intelligentization of crime-committing means. In the judicatory, because notes defrauding contains much special, It is difficult to attain to affirm accurately. This article is reserch on some of questions of notes defrauding, and is practicable for safeguarding of financial security to some problem researches, having the theoretical worth in the criminology as well.Main content of this article has follows:The first part: the subjective cognizance of notes defrauding. By analysing the understanding factor and will factor, and comparing two kind of opposition ories about "illegal possessing purpose", we can come to the conclusion that the subjective of notes defrauding is intentdirectly and the main purpose of subjective is possessing illegally. Subsequently, compare "expel right to say" and "make use of a punishment to say", which is essential theory, and adopte the theory that "make use of a punishment to say" to explain "illegal possessing purpose". Combining the judicatory expiation, this part explains the cognizance of illegally possessing ;Finally, this part answer the question how to comprehend "know perfectly well".The second part : the objective cognizance of notes defrauding, this part analyses several models and questions of the notes defrauding. Five misbehaviors and some argumentative questions are put forward and studied. There are several models of notes defrauding, such as, making use of forged, changed and useless notes, pretending to be their own notes, drawing notes without money in account or drawing notes not in accordance with seals reserved in advance, and drawing notes without money guaranteed. And this part discusses some items such as "forging, using, pretending".The third part: The appearance of notes defrauding. This part mainly study Abortive, Criminal amount ,and commit crimination together ,etc.
Keywords/Search Tags:crime of notes defrauding, objective, subjective, Abortive
PDF Full Text Request
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