The object of the crime of fraudulent foreign exchange purchase is the national foreign exchange management system. Foreign exchange control refers to the policies and measures implemented by a country on foreign exchange transactions, international settlements and foreign exchange rates in order to prevent the free export and import of foreign exchange funds, balance the international balance of payments, enhance the credibility of the local currency, and stabilize the exchange rate. In our country, it is generally not called foreign exchange control but foreign exchange management.
my country has implemented a managed floating exchange rate system since 1994, and at the same time implemented a foreign exchange management system of "one loosening and one tightening" for current accounts and strict capital accounts. Foreign exchange reserves are one of the symbols of a country's economic strength and are also the source of the country's foreign trade development potential. Implementing foreign exchange management is conducive to the centralized use of national foreign exchange funds and protecting the development of my country's trade; it is conducive to preventing capital evasion and maintaining the balance of international payments; it is conducive to enhancing the credibility of the RMB and strengthening my country's economic status; it is conducive to stabilizing domestic prices and promoting Economic balance and coordinated development.
The object of this crime is foreign exchange. Foreign exchange refers to the means of payment expressed in foreign currencies used for international payments and international settlements. It has both dynamic and static meanings. Usually, foreign exchange is considered from a static perspective. (Note: See "Introduction to International Economic Law" edited by Cao *ming, Law Press, 1994 edition, page 109.) For foreign exchange in a static sense, the International Monetary Fund defines "monetary administrative authorities (central banks, monetary institutions, The Foreign Exchange Stabilization Fund and the Ministry of Finance) hold claims in the form of bank deposits, treasury bills, long-term and short-term government bonds, etc. that can be used when the balance of payments is in deficit." Article 3 of the "Foreign Exchange Administration Regulations" revised in 1997 lists Expressions of foreign exchange:
(1) Foreign currency, including banknotes and coins;
(2 ) Foreign currency payment certificates, including bills, bank deposit certificates, postal savings certificates, etc.;
(3) Foreign currency securities, including government bonds, corporate bonds, stocks, etc. ;
(4) Special Drawing Rights, European Monetary Unit;
(5) Other foreign exchange assets. We believe that the objects of the crime of fraudulent purchase of foreign exchange should theoretically include all extensions of static foreign exchange. However, in current judicial practice in my country, they are mostly foreign currencies, special drawings, etc. rights, European currency units and other foreign exchange that are easy to resell.
From the above introduction, it can be seen that the object of the crime of fraudulent purchase of foreign exchange is the national foreign exchange management system, and the object is foreign exchange A means of payment expressed in currency used for international payments and international settlements. If you have any other related questions you would like to know, please feel free to consult the Legal Savior Network for free legal consultation, which can help you answer your questions.
