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伪造金融票证罪是一种破坏金融管理秩序的犯罪行为,由于该罪法益侵害的严重性,我国刑法对该罪进行了严格立法。然而,随着社会的发展和进步,伪造金融票证罪出现了许多新情况和新问题,特别是法定刑升格条件的设置问题,已成为司法实践中处理该类犯罪的困扰和分歧,亟待立法或解释的进一步完善。文章指出了伪造金融票证罪法定刑升格条件的立法现状,分析了其立法的不足,并就其对策完善提出了建议。
The crime of forging financial tickets is a kind of criminal act which destroys the order of financial management. Due to the seriousness of the infringement of the legal interests, the criminal law of our country has strictly legislated the crime. However, with the development and progress of society, many new situations and new problems have emerged in the crime of counterfeit financial certificates. In particular, the establishment of conditions for the promotion of statutory penalties has become a problem and disagreement in the handling of such crimes in judicial practice. Legislation or Further refinement of the explanation. The article points out the status quo of legislation for falsifying the conditions for the promotion of the statutory punishment of financial tickets, analyzes the shortcomings of its legislation and puts forward suggestions on how to improve its countermeasures.