论金融工作人员购买假币、以假币换取货币罪的概念及构成特征

金融工作人员购买假币、以假币换取货币罪罪名中所称的"假币",包括伪造和变造的货币,其侵犯的客体为国家的货币流通管理制度和国家对金融机构工作人员的管理制度。购买假币不一定是用真货币购买。利用职务上的便利是以假币换取货币构成本罪的必要条件。"以多换少"与"以少换多"只能以本罪一罪论处。外资、中外合资金融机构的工作人员以及金融代办员同样可以成为本罪主体。主观上的明知包括确知和明知可能性两种情况。

On Conception and Component Characters of Crime of Buying Counterfeit Currencies and Exchanging such Currencies for Genuine Ones by Banking Institution Employee

Counterfeit currencies" which is named in crime of buying counterfeit currencies and exchanging such currencies for genuine currencies by banking institution employee includes spurious currencies and changed currencies. Object of criminal infringement are systems of state's management of currencies circulation and supervision of banking institution employee. Necessary condition which forms this crime is buying counterfeit currencies for genuine currencies with advantage of one's duty. The currencies used for purchased are not always genuine currencies. Criminals who "batter many for few" and "batter few for many" are punished by one crime. Employees in foreign capital finance companies and Chinese and foreign capital finance companies or finance missionaries are all subjects of this crime. Subjective cognizance includes two conditions: certain awareness and unambiguous awareness of possibility.