(A) the object elements of the crime of counterfeiting currency The object of the crime of counterfeiting currency is the national monetary management system. The national monetary management system is an important part of the national financial system, including two aspects, one is the domestic monetary management system, and the other is the foreign currency management system. The so-called management system of domestic currency also refers to the management system of RMB. According to the People's Bank of China Law, the legal tender of People's Republic of China (PRC) is RMB, which has circulation effect. All public and private debts of People's Republic of China (PRC) and China can be paid in RMB, and no unit or individual may refuse to accept them. The state practices the principle of centralized and unified management of the printing and distribution of currency. The right to issue currency belongs to the State Council, and the People's Bank of China is the only printing and issuing institution of RMB. No other unit or individual has the right to print and issue RMB. The People's Bank of China organizes money supply and withdrawal, controls the money supply, adjusts the scale of money circulation, adapts the money circulation to the commodity circulation, and keeps the money basically stable. Any counterfeiting of RMB will violate the above monetary management system. The so-called foreign exchange management system is one of the important contents of foreign exchange management system. The foreign exchange management system refers to the system that the state supervises the receipt, payment, deposit and remittance of foreign exchange. According to1June, 1997+10/October 14, the regulations on foreign exchange management in People's Republic of China (PRC) and related laws and regulations, the state implements a policy of centralized and unified management of foreign exchange, which prohibits the free circulation of foreign exchange and prohibits the use of foreign currency for pricing and settlement. At the same time, citizens and units holding foreign currencies can be converted into RMB at designated banks at the foreign exchange rate of the day. In some regions or departments, you can also use foreign currency to directly purchase goods or pay for services. Therefore, foreign currency has the same nature as RMB in a sense, and counterfeiting foreign currency also violates China's monetary management system and endangers transaction security. The act of counterfeiting currency has seriously disturbed the financial order of the country, damaged the credibility of the national currency and seriously endangered the national economy and people's livelihood. Should be prohibited by law. The object of the crime of counterfeiting money is money. The so-called money, also known as money, refers to a specific thing with compulsory circulation in a country or region, which represents a certain value and is used as a means of payment. Currency includes local currency and foreign currency. China's currency is RMB, and the term "RMB" here should be broadly understood, that is, it includes not only banknotes and coins issued by the People's Bank of China, but also foreign exchange certificates issued by China Bank authorized by the State Council. Some people think that foreign exchange certificates are a kind of securities limited to five categories of overseas Chinese and foreign guests who temporarily enter Hong Kong, Macao and Taiwan and other countries, and only circulate within the prescribed scope. It is issued by the Bank of China, which is different from the RMB issued by the People's Bank of China. Although foreign exchange certificates are not clearly classified as national currency or negotiable securities when issued, they are actually used as RMB certificates with foreign exchange value, and their basic functions are not substantially different from those of RMB. The issuance of Bank of China is also based on the authorization of the State Council, which is the same as that of the People's Bank of China. Therefore, foreign exchange certificates should be regarded as RMB in a broad sense, which is also a common view in theory and recognized in practice. The so-called foreign currency, that is, foreign goods, refers to the currency circulating abroad, including foreign banknotes and foreign coins. It should be noted that the meanings of "foreign currency" and "foreign exchange" are different. "Foreign exchange" includes not only "foreign currency", but also means of payment and assets expressed in foreign currency that can be used for international settlement, such as foreign currency securities (foreign government bonds, corporate bonds, stocks, etc. ), foreign currency payment vouchers (such as foreign bills, bank deposit certificates, postal savings certificates, etc.). ), special drawing rights, and Europe. It can be seen that the extension of "foreign exchange" is greater than "foreign currency", and counterfeiting foreign exchange other than "foreign currency" does not constitute the crime of counterfeiting currency. (II) Objective Elements of the Crime of Counterfeiting Currency The crime of counterfeiting currency is objectively manifested as the act of counterfeiting currency in violation of national monetary management regulations. The so-called counterfeit money refers to the behavior of people who have no right to make money, imitating the denomination, pattern, color, texture, style and specification of RMB or foreign currency, illegally making counterfeit money by various methods and pretending to be real money. For counterfeit money, it should be noted that it must be made by imitating RMB or foreign currency, which is similar to real money. If it is not made by imitating real RMB or foreign currency, it constitutes a crime of fraud, not a crime of counterfeiting currency. Forged currency should be mainly similar to real money, not similar, that is, it should not be exactly the same as real money. Although technology has been developed, the means of counterfeiting are becoming more and more sophisticated, and the effect of counterfeiting is extremely realistic and difficult to identify. But after all, the perpetrator is pretending to be counterfeit money, so it is naturally impossible for anyone to reach the level of real money. Its similarity only needs to be enough to deceive and deceive others, so that people can believe it with counterfeit money. The result of counterfeit money is counterfeit money. Counterfeit money can be divided into the following types according to different manufacturing methods: first, machine-made offset printing and gravure printing counterfeit money; The second is to print counterfeit money on slate, wax board and wood board, and the third is to imitate counterfeit money; The fourth is to copy counterfeit money; Fifth, photographic counterfeit money; The sixth is to depict counterfeit money; Seventh, printing counterfeit money on the plate; Eighth, copy plate-making technology to synthesize counterfeit money; Nine is counterfeit money modeled after coins; Wait a minute. The crime of counterfeiting currency is a behavioral crime. As long as the perpetrator intentionally commits the act of counterfeiting money, it can constitute the crime of counterfeiting money. It is not required to take serious circumstances or actual harmful consequences as the necessary premise to constitute a crime. As for the standard of attempted, we should see whether the forged act has been implemented. If the actor imitates a certain currency and carries out all the manufacturing processes, it constitutes accomplishment, and vice versa. (III) Subject Elements of the Crime of Counterfeiting Currency The subject of the crime of counterfeiting currency is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute it, but the unit cannot constitute the subject of the crime of counterfeiting currency. (IV) Subjective elements of the crime of counterfeiting money The crime of counterfeiting money can only be constituted by direct intention subjectively. Indirect intention and negligence do not constitute the crime of counterfeiting currency. In the past, it was generally believed that the crime of counterfeiting money must have a profit-making purpose subjectively, otherwise it would not constitute a crime. However, this article does not stipulate the subjective purpose. As long as the perpetrator intentionally forges money, it can generally be regarded as the crime of counterfeiting money, without being too demanding about what purpose it must have. If the actor really forges a very small amount of money in order to show his skill or self-appreciation, it can be considered as the constitutive elements of the crime of counterfeiting money mentioned in Article 13 of this Law.