试论票据诈骗案件的认定

票据作为资金运动的重要载体,以其载负巨资的魅力吸引了许多不法分子,使票据诈骗成为金融诈骗案件中发案率最高的一种。由于此类犯罪具有与其他刑事犯罪交叉、参与犯罪主体庞杂等特点,认定时应从犯罪的行为方式、犯罪数额、行为人的主观故意、犯罪主体以及与合同诈骗罪的区别等不同侧面进行分析。

A Tentative Study on the Determination of Frauds on Commercial Instrument

As one of the important carriers in the funds movements, with its inherited function of representing huge sums of money, commercial instruments attract a lot of lawbreakers, which makes the fraud on commercial instrument the top one case in all crimes of financial frauds. Owing to the facts that this kind of crimes are usually interacted with other criminal acts and the subjects of crime are always rather complicated, the determination of this kind of crime should be analyzed from the following different aspects: the means of making such crimes, the amount of money involved in such crimes, the subjective intention of the actor, the subject of the crime and the difference from the crimes of contractual fraud etc.