伪造、变造货币结合行为的司法解析

摘要

假币犯罪严重危害我国的货币信用和金融安全，历来是我国法律规制和司法打击的重点。实务界和理论界对于真假拼凑币的刑法定性一直争论不休，而司法解释将伪造和变造相结合制造真假拼凑币的行为一概认定为伪造货币罪，使得变造货币罪成为有名无实的一纸空文，严重混淆了伪造和变造的本质区别，明显是欠妥的。%Counterfeit money crimes are seriously harmful to China＇s monetary credit and financial security,which have always been the focus of legal regulation and judicial strike. Practitioners and theorists have been debating for the genuine patchwork currency of the Criminal Code qualitative. However, the judicial interpretation of forged and altered behavior which makes the patchwork currency all identified for counterfeiting currency,results in the remodeling currency crime a mere scrap of paper, seriously confusing the essential difference between the forgery and alteration. Obviously it is inappropriate.