窃取银行承兑汇票贴现行为的定性.pdfVIP

Abstract Judging from the term, the action of filching and discounting the bank acceptance refers to the action of discounting by taking the others’ bank acceptance secretly, non-violently and unwarrantably with the purpose of encroaching by the actors. To be specific, its action mode is to filch and to discount, its action content is to take illegally and its target is the bank acceptance. After filching, the suspect takes the two ways to discount the bank acceptance: to discount the bank acceptance by himself and to sell the bank acceptance to the third party and let the third party to discount the acceptance from the bank. To confine the scope of filching the bank acceptance serves the definition of this action, which is the target of confining the scope. However, the definition of this action is controversial both theoretically and practically in the circle of criminal law. It is regarded as encroachment, larceny and bill fraud by different scholars from different perspectives. These three viewpoints have some sense from different angles and the arguments between larceny school and bill fraud school is extremely fierce. The basic reason for the difference lies in the different understandings and explanations of encroachment, larceny and bill fraud by different scholars and experts. In essence, we always hold that the qualitative factors are mainly the following three: the constitutive requirements of specific crime, the interpretation of the criminal law and the factors of specific case. Thus, the controversy for determine the nature of filching and discounting bank acceptance lies in these three aspects. We think that the way of imposing uniformity in all case