信用证诈骗罪的构成要件和刑罚适用探析

信用证诈骗罪主观上应当具有“非法占有目的”,侵犯的客体应当是信用证管理制度。信用证诈骗罪的客观表现形式多种多样,但对骗取信用证进行非法融资行为是否构成信用证诈骗罪,应取决于主观上是否具有“非法占有目的”。本罪在法定刑设置上还存在许多不合理之处,建议取消死刑,完善罚金刑、财产刑和资格刑,并严密对犯罪单位的处罚。

The Constitutions Elements of the Crime of L/C Fraud and Analysis of Penalty Application

The letter of credit fraud crime must have "the goal of illegally holding" subjectively.The infringed object must be the control system of the letter of credit.The letter of credit fraud crime has a variety of objective form,but whether swindling the letter of credit on illegally financing behavior constitutes the letter of credit fraud crime should depend on whether there is "the goal of illegally holding" subjectively.There are many unreasonable things in legal penalty of this crime,so it is proposed to cancel the death penalty and to perfect the fine punishment,property punishment and qualification punishment,and to strictly set up the punishment of crimes committed by a unit.