摘要
1997年刑法吸收单行刑法的规定增设了变造货币罪。在司法适应中,应当注意理解本罪的构成要件,尤其视犯罪客观方面的特征;把握本罪司法认定中罪与非罪的界限、此罪与彼罪的区分、罪数形态等相关问题;明析本罪的刑罚适应。
The crime of counterfeiting currency was added in the Criminal Law 1997, which adopted the stipulations in the single-line criminal law. In the judicial adaptation, the following points should be paid attention: 1) To have a correct understanding about the requisites in constitution of crime, especially the characteristic of the objective aspect of the crime; 2) To have a good understanding of the boundary between guilt and innocency in the judicial determination and the discrimination of different crimes ; 3) To have a clear understanding of the suitable penalty of the crime.
关键词
司法
货币
构成要件
刑法
crime of counterfeiting currency, judicial application, constitution characteristic