一起汇票掉包后的票据纠纷案评释

After the False Replacement of a Draft——Comments on a Bill Dispute Case

近年来,采用伪造和变造票据等手段诈骗银行和客户资金的活动日趋严重。票据诈骗案之所以屡屡得逞,主要是因为有关票据支付结算的规定存在漏洞或银行在具体办理支付结算业务中存在审核义务方面的某些过失。但遗憾的是,有关各方对银行票据支付结算中存在的诸多问题尚未给予足够关注。希望通过对一起汇票掉包案的评释,引起学界同仁对这一问题的共同探讨、研究。

In recent years, there has been a trend of increasing fraud cases in which forged and altered negotiable instruments or forged clients’ seals were used to defraud banks or clients. The defrauders’ repeated success was largely attributed to the loopholes in relevant rules relating to the payment and settlement of negotiable instruments, as well as the banks’ negligence in performing their duty of examination in the payment and settlement. However, it is a pity that many problems arising from the banks’ payment and settlement of negotiable instruments have not received sufficient attention. This paper, based on a fraud case involving a stealthily substituted negotiable instrument, was therefore written to invite the fellows in academic fields or the practicing professionals to discuss or conduct a research on such problems.