Using Financial Debt Certificate Of Property Crime Research

Certificate of financial creditor’s rights refers to books, including bank cards, credit cards, bank settlement documents and promissory notes, cheques, drafts and notes claims settlement vouchers and bills of lading, warehouse and other types of property rights certificate. Financial claims documents and records with dissociative characteristic property. The use of financial bond certificate of property crimes are of four types, namely, theft, fraud, picking up, custody, forgery, and misuse of variable shape type.Financial creditors rights certificate itself docs not have any real value, its are documented in the value of property is the real meaning of existence, and the financial creditor’s rights documents and records the value of property attribute of how the evaluation is to this kind of illegal crime qualitative key. In criminal law theory, various evaluation viewpoint, roughly divided into to Professor Zhou Guangquan as the representative of the scholars said that one, if the perpetrator had financial debt instruments, it has the practical significance on the possession and control of the document records the property interests, in fact the property can be to control and punish; Professor Zhang Mingkai as the representative of the scholars said that can not be separated from each other, the financial creditor s rights certificate itself as actual possession of property, financial creditor s rights certificate is not equal to the actual obtained the documents written in the property interests; as well as other scholars say that compromise, with integral or dissociative should be in accordance with the situation set. But in the judicial practice in China, according to the different cases, also there are different evaluation perspective, but the Supreme People’s Court of second instance in some cases concluded a dissociative told from the point of view,Generally speaking, the first act of theft, fraud, bank card, credit card and other financial obligation right immediately after to ATM withdrawals, constitute a theft; if to the bank counter withdrawals, in the relationship with bank, is to deceive bank staff, which made it into the wrong understanding, and based on the error recognition and disposal of the control range of the property, should be to punish of crime of fraud. In second, for picking up, custody and has certain use value of the property, can represent a certain property rights negotiable certificate of payment, i.e. the offender picked up or keep is able to conduct a holder and can deliver timely, behavior person refused to return or further use, should be punished to embezzlement; and if the behavior people will be" financial claims vouchers through the already known information and further use, the behavior of human essence as the cardholder’s identity, either from the machine for further use, or from the counter are used for further use behavior, according to China’s" criminal law"196th paragraph three of the relevant provisions:" falsely using other’s credit cards, constitute the crime of credit card fraud" therefore, picking other people’s credit card and make use of the crime of credit card fraud, while for others, lost custody passbook and bill of lading, manifest this kind of real right and creditor’s right of financial documents and refuses to return or further use of the establishment of the crime of embezzlement. Third, to forge financial creditor s rights certificate type crime according to the criminal law of our country of the relevant provisions, directly as a fake ticket financial crime. In fourth, and the abuse of financial debt certificate of crime to abuse their own under the name of financial claims vouchers and abuse others under the name of financial claims vouchers, abuse their name financial claims vouchers directly to malicious overdraft, according to the relevant provisions of the criminal law, and abuse others under the name of financial claims vouchers that use behavior under the circumstances as though.For this kind of property crime accomplishment standard have different opinions, there are out of control, control and possession of said three kinds of opinions, the author thinks that the reasonable control. This is because the property is behavior person, possession or the victim of lost property does not necessarily mean the property was done by control, behavio(?) in terms of the purpose of illegal possession means the behavior people to achieve to dispose of or governed the state property. And for the use of financial creditor s rights certificate illegal crime accomplishment and attempt to distinguish with the kind of behavior that the charges to judge.In addition, because of the crime of financial certificate fraud crime in form and use financial debt securities fraud behavior and forged, altered financial creditor s right certificate behavior have many similarities, although to some extent, these violations ar(?) complicated object, but careful study, the main object of infringement is a difference. The crime of financial certificate fraud the main object is a violation of the relevant stat(?) departments to financial document management order.