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Bills Crime Study

Posted on:2008-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:L L GongFull Text:PDF
GTID:2206360215973065Subject:Law
Abstract/Summary:PDF Full Text Request
Negotiable instruments as an important carder of commercial credit play a key role in-~modem social-economic living. They even are called "business currency". Crime of negotiable instruments shows its unique development tendency among economic crime, so making a research on features and regulation of crime of negotiable instruments has great significance in promotion transition of negotiable instalments and maintaining the stability of financial order. In judicial practice, it is a difficult task for lawyers to identify the difference between crime and innocent and difference between one crime and another of crime of negotiable instruments, in this view: it deserves an intensive research to this aspect.There three parts in this dissertation, the first part gives a general idea about types, conception and features of negotiable instruments and introduce the legislation about crime of negotiable instruments of our country. All those contents are basis of research to crime of negotiable instruments.The second part mainly talks about problems to two type of crime of negotiable instruments, including forging or altering negotiable instruments and fraud in negotiable instruments. These two crimes have much more problems in judicial practices than the other crimes of negotiable instruments, so this part lays emphasis on crimes of forging or altering negotiable instruments and fraud in negotiable instruments. As to the other crimes of negotiable instruments or the agreement opinion, the author just gives a brief explanation.The third part explains the reasons of crime of negotiable instruments and majors in the improvement of legislation. Through the analysis about the shortage of current legislation of crime of negotiable instruments, the author gives some suggestions to the legislation of crime of negotiable instrument, and gives suggestions about prevention of crime of negotiable instruments. And hope the authorities could classify the practice criminal cases and supplement the shortage of provision effectively. Although Negotiable instruments law and Criminal law have regulated crimes of negotiable instruments, the current provision could not regulate all type of negotiable instrument's crimes. In order to fight against crime, renewal and issue related judicial interpretation is a must. Aiming at minimizing the criminals taking advantage of shortage of provision and limitation of fmandal professional's ability, the author analyzes how those crimes has evolved and advises ways of taking precaution against crime.This dissertation is written for the purpose of standardizing actions concerning negotiable instruments, protecting the legal rights of parties using negotiable instruments, maintaining economic order in society and promoting the development of the socialist market economy. The author hopes this dissertation would be a brick tossed out to attract jade in the way of promotion the research on crime of negotiable instruments.
Keywords/Search Tags:crime of negotiable instruments, forging, altering, fraud
PDF Full Text Request
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