| With the development of society and economy, bank acceptance, is playing a more and more important role in economy bill transaction process, civil discount bank acceptance of the market has been very prosperous. But since 2009, "criminal law amendment(seven)" will be "illegal fund settlement" in the crime of illegal business operation objective form,illegal discount bank acceptance behavior is regarded in judicial practice is suspected to constitute the crime of illegal business operation, need to conviction and sentencing.Because of the lack of relevant judicial interpretation, many scholars have tried to discuss the illegal discount bank acceptance bill does not belong to the illegal settlement business,thereby denying the illegal discount bank acceptance constitutes a crime.The first chapter: illegal bank discount acceptance means in the absence of real transaction background, main body through the payment of certain discount to the price, acquisition of right of bill behavior. In addition, analysis the manifestations and causes of illegal bank acceptance bills this chapter combines the current situation of legislation of the society.The second chapter: not only has the serious social harmfulness of illegal bank discount acceptance, also belong to illegal fund payment and settlement business behavior,constitute the crime of illegal business operation. Subjectively, the behavior person belongs to the direct intent, and with the purpose of "profit" and illegal cognition. The main body, "not" shell company "and the company personality denial" under the condition of the constitution of unit crime.The third chapter: this chapter combines the difficult problems in judicial practice,separately analyzes illegal discount bank acceptance of the accomplice, the crime number shape and stop.The fourth chapter: this chapter from the legislative, judicial and prevention are illegal discount bank acceptance bill put forward relevant countermeasures and suggestions. |
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