关于票据变造行为之认定问题解析

An Analysis about the Cognizance of Forgery of Bill

伴随着票据在经济生活中的广泛应用,通过变造票据等违法行为实施诈骗的案件时有发生,给票据的正常使用和流通带来极大危害,也严重扰乱了社会经济秩序。虽然国家制定了包括票据法、刑法在内的众多法律对此加以规制、防范和处罚,但是面对花样不断翻新、手段越来越狡猾的诈骗行为,现有的法律规范总显得"力不从心"。其中,对于票据变造行为的认定便是其中一例。文章从票据变造的涵义和构成要件入手,讨论了票据变造与票据伪造、票据更改、票据涂销等相关概念之间的界限,以及票据变造行为认定中的几个常见问题,以期对实践中票据变造行为的认定问题有所裨益。

With the wide application of bills in economic life, there occur some illegal cases regarding the implemen- tation of fraud by altering bills, and it has brought great harm to the normal use and circulation of bills, seriously disturbing the order of social economy. Although the country has formulated many laws and regulations including the negotiable instru- ments law, criminal law, in order to achieve regulation, prevention and punishment of such deeds, faced with the unceasing- ly renovated patterns, and increasingly sophisticated means of fraud, the existing legal norms always appear ineffective. A- mong them, cognizance of the alteration of bill is one example. In this paper, starting from the structure and elements of for- gery of bill, the author discusses the boundary between alteration and forgery of bill, alteration of bill, cancellation of bill and other related concepts, as well as several common problems in identification of bill alteration, with the purpose of offering some help for the identification of the forgery of bill in practice.