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On the letter of credit fraud

Author: SunXueLei
Tutor: DongShuJun
School: China University of Political Science
Course: Legal
Keywords: Letter of credit fraud Constituent elements Crime number Mu Qizhong cases
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 122
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Abstract

With the advent of economic globalization, the development of the world economy and trade are increasingly seeking efficient, rapid development of financial markets and international trade has spawned a generation of this letter of credit transactions, letters of credit, as has remittance, collection and other international Payment by the incomparable superiority of a major international payment instruments, has become the first choice for traders, but based on the letters of credit of their own characteristics inevitable use by criminals, greatly damaged the international trade development caused a major violation of the letter of credit management system. Not many of the relevant laws on the letter of credit management, legislation is lagging behind, from the practical significance for the study of letters of credit fraud, in order to get an effective penalties for fraud, shaping for Social Credit and International Business Integrity has an important significance. From the theoretical level, this phenomenon of letter of credit fraud for clear criminal legislation and the future direction of the current situation in China under the letter of credit, and how reasonable and effective regulation of credit fraud problem is of great significance. Therefore, we hope by the constituent elements of the letter of credit fraud and Causes of the inquiry, seeking to achieve the further improvement of credit fraud legislation, in order to effectively punish crimes, protect our letter of credit management system as well as public and private property ownership inviolable, prompting the formation of the atmosphere of good faith in the international business environment, the protection of the rapid development of international trade. Regulation for the letter of credit is an international practice, countries have their own characteristics in the letter of credit fraud legislation. In addition, some of the problems caused by the credit is available, such as financial fraud difference and illegal possession of incriminating an essential element of all the theorists have been controversial issues. Therefore, this article intends to study the issue of the letter of credit fraud, clear the following questions: First, the concept and characteristics of the letter of credit to defraud \behavior of deep-seated reasons, a detailed analysis of the elements of the crime of credit fraud, a clear purpose of illegal possession is a prerequisite to incriminate, in-depth analysis on the subject of crime requirements and objective behavior, in order for our country reasonable definition of letter of credit fraud trial practice to provide theoretical support. Third, by the difference of the letter of credit fraud and financial fraud and other criminal and analysis, clear Fraud by sin. Fourth, for further analysis, in order to provide theoretical support for the practice of Fraud by two doubts in the case of NEG. Finally, the above analysis to develop measures to guard against credit fraud.

On the letter of credit fraud

Abstract

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