Research On The Crime Of Counterfeiting Currency

Currency has been closely related to economic development and public life since ancient times,and as a special commodity,it has been accompanied by counterfeiting since its creation.Counterfeiting not only damages people’s property rights and interests,but also damages the public credit of the currency,and even disrupts the national economic order.The research on the crime of counterfeiting currency at home and abroad mainly focuses on the study of the constituent elements of the crime of counterfeiting currency,and a small number of scholars have carried out research on the criminal form and number of crimes of counterfeiting currency,but the research perspective is single,the theoretical research is most,and there is a lack of relevant empirical research.There are disputes in the practice circles on the determination of certain matters of the crime of counterfeiting currency,such as the determination of the standard for the crime of counterfeiting currency,and the number of crimes of counterfeiting currency.The literature analysis method and empirical analysis method were used to study the criminal standards,completed forms,number of crimes and sentencing of the crime of counterfeiting currency.The criminalization standard focuses on the study of the constituent elements of the crime of counterfeiting currency,which is a crime in which a natural person subject has the purpose of putting into circulation,commits counterfeiting of currency,counterfeits counterfeit currency to meet a certain amount of requirements,and then infringes on the public credit of money.In terms of the completed form of the crime of counterfeiting currency,it is clear that the punishable basis for the crime of counterfeiting currency is the danger of the act to legal interests,and the counterfeit currency can only pose a real danger to the public credit of money if it reaches a level sufficient to make ordinary people misrecognize,and the counterfeit currency reaching this level is the standard for the completion of the crime of counterfeiting currency.In judicial practice,semi-finished counterfeit money and defective counterfeit money are not enough to make ordinary people misrecognize,and if they do not reach the level of being fake and genuine,they are considered to be attempted crimes.In terms of the number of crimes of counterfeiting currency,the perpetrator often uses counterfeit currency and other acts,but China’s Criminal Law and judicial interpretations do not provide for how to deal with the use after counterfeiting.From the perspective of a comprehensive evaluation of legal interests,if the act of counterfeiting after use constitutes a non-counterfeit currency crime,it violates the new legal interests and constitutes several crimes and is punished together.If the perpetrator’s forged use is not sufficient to constitute other crimes,the crime of counterfeiting currency shall be severely punished.In terms of sentencing for the crime of counterfeiting currency,the unreasonable sentencing setting has led to the violation of the principle of proportionality of criminal responsibility and punishment in the sentencing of individual cases of counterfeiting currency in judicial practice.To this end,we can refine the sentencing system of counterfeiting crime,set up the sentencing gradient reasonably,and raise the base point of huge crime amount.