The currency crimes in the horizon of e-CNY
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D923.4

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    Abstract:

    E-CNY is distinct from private digital currency, Chinese Yuan in cash and mobile payment with many characteristics. The amount of cases about currency crimes in China has not decreased with the extensive usage of mobile payment. Conversely, it has a tendency of rising these years on the whole. The situation resulted in the increase of the legislative and applicative values of the currency crimes on the whole. Referring to e-CNY, we could adopt a reform scheme about the currency crimes which is the combination of legislative amendment, interpretation of criminal law and theory innovation. It concretely includes the following ways:canceling the application of altering currency crime and coping with the conduct of altering e-CNY in terms of counterfeiting currency crime; revising related low-rank normative documents about counterfeiting currency crime and newly interpreting related constitutive elements. When this crime is applied, we should note that counterfeiting currency crime is a conduct crime, whose accomplished situation does not require a result such as entry into circulation or completion of payment, and this applies to e-CNY. In the case of e-CNY, the purpose of circulation should be retained rather than removed from the subjective constituent elements of the crime. Severer penalties should be imposed on professional offender of counterfeiting e-CNY; the application of holding fake currency crime and transporting fake currency crime should be canceled, and the conducts of holding and transporting fake e-CNY should be decriminalized; buying fake currency crime, selling fake currency crime and using fake currency crime could be applied to e-CNY. However, we should note that the subjective constituent elements of purchasing counterfeit currency crime requires the purpose of circulation, whereas the subjective constituent elements of selling counterfeit currency crime does not require such a purpose. In the case of using counterfeit currency crime, the judgement of whether a certain conduct is using must be based closely on "entering into circulation". All conduct forms leading to the entry into circulation of counterfeit currency, including payment of consideration, repayment of debts, provision to others as a deposit, verification of registered capital, exchange, gift, deposit in a financial institution, exchange for real currency, etc., are considered to be using, but mere presentation and entrustment for safekeeping are not considered to be using. While judging whether fake e-CNY is in circulation, the term "possession" which is closely related to tangible objects should not be used, but the term "domination" which has a stronger abstract meaning should be used. Specifically, when another person obtains dominion over counterfeit currency from a conductor by means of electronic payment or decrypts the encrypted data of counterfeit currency and is able to dominate it at will, the counterfeit currency enters into circulation. When the conduct of using fake e-CNY of a conductor ostensibly constitutes both using fake currency crime and the fraud crime, the relationship between the two crimes is not coincidence of articles but imaginative concurrence. In accordance with the principle that imaginative concurrence should be sentenced on the basis of the most serious crime, the conduct's conduct should be deemed to be using counterfeit currency crime which has a severer statutory penalty.

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王德政.数字人民币视域下的货币犯罪[J].重庆大学学报社会科学版,2023,29(5):212~225

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  • Received:
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  • Online: October 24,2023
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