The Study On Some Issues Of Crime Of Forging And Reselling Forged Valuable Ticket

As the train tickets real-name system appears,the use of the stamp to reduce(The development of Internet communication tools leads to the decrease of paper letters), IC phone card to withdraw from the stage of history......Making the legislative and judicial practice lists a price ticket forgery and reselling the possibility of greatly reduced, seems to be forged, reselling forged with the application space of the ticket price crime greatly reduced.Actually otherwise, "Criminal law" article 227 th for forgery and reselling the counterfeit valuable tickets crime using legislative technology combined with the combination of enumeration and generalization.Other negotiable instruments general provisions left many spaces for this crime.Because the price of ticket of the lack of a clear standard,the theory and judicial practice of other ticket price range definition controversial.The direct cause of forgery, reselling the counterfeit valuable tickets crime problems in the application of crime and non crime, this crime and other crimes.This thesis consists of three parts: introduction, body and conclusion.The introduction outlines the forgery, reselling some problems of the crime of ticket price,research meaning and purpose,related literature review,main research methods,Article structure and the innovation and deficiency of this article.According to the contents of the layout, the text can be divided into the following four parts:The first chapter introduces the forge,selling counterfeit negotiable certificates for the legislative background and the legislative intent of sin.And other regions and countries abroad about the establishment of this crime,through the vertical and horizontal two aspects have a more profound understanding of this crime.The second chapter describes the definition of object of crime of forging, reselling valuable tickets of the crime.In this article,through exploring in Hong Kong,Macao and Taiwan regions and the world’s major countries criminal law to have a definition of price ticket.Create the definition of our country’s valuable ticket,analysis the characteristic of the valuable ticket.According to the dispute,in the grasp of valuable ticket on the basis of the concept and characteristics.Gift cards and electronic negotiable certificates for these two new new items should be included in the valuable ticket category.The third chapter describes and analyzes the objective behavior of forging, reselling the counterfeit valuable tickets crime definition.Through the concept of forgery behavior in forgery crime,essential analysis,the concept of scalping crime of reselling,characteristic and the difference analysis of related criminal law terms.To have better understanding of forgery and reselling behavior.On the basis of the analysis of the academic circle of the crime of forgery of the dispute,The counterfeit behavior of crime should be included in the altered behavior,at the same time should also include invisible forgery.Analysis of the academic controversy on crime of scalping behavior,the crime for reselling behavior should be complete with buying and selling two stages,can’t simply be equated with sales behavior.The fourth chapter is the crime of forgery, the price ticket reselling of judicial identification.Forged valuable ticket behavior are often closely linked with the behavior of subsequent use,from their own production and sales and in addition to their own production and other ways to obtain and sell two kinds of behavior,the qualitative analysis of selling counterfeit valuable tickets behavior.From the boundaries of crime and non crime,and the boundaries of the crime of fraud,through the analysis of the limits of forging, reselling the counterfeit valuable tickets crime.From the legal nature of the use of forged valuable ticket behavior,holding and using forged valuable ticket behavior should not be a crime,to explore two aspects of the relevant judicial use of forged valuable ticket cognizance.Conclusion of the full text has carried on the summary, this paper argues that any price ticket should be developed with the times are endowed with the appropriate new connotation.At the same time, apply this crime should adhere to forge the scalping vocabulary meaning.