What are the responsibilities of writing a bad check, and what are the legal responsibilities of wri

A blank cheque refers to a cheque in which the drawer's actual legally available deposit with the payer is insufficient to pay the amount of the instrument when the cheque holder requests payment. The Negotiable Instruments Act stipulates that the amount of the cheque issued by the drawer of the cheque shall not exceed the amount of the cheque actually deposited with the payer, that is, it shall not issue a blank cheque, otherwise it shall bear the corresponding liability.

The first is to provide for the imposition of administrative penalties for violations of bad checks. The Circular clarifies that the entities subject to the administrative penalty of bad checks are the People's Bank of China and its branches; The basis and standard of punishment is Article 31 of the Implementation Measures for the Administration of Bills, which stipulates that "if a bad check is issued or a check inconsistent with the signature and seal reserved by the bank, and the purpose is not to obtain property by fraud, the People's Bank of China shall impose a fine of 5% of the face amount but not less than 1,000 yuan"; The Circular clarifies that the drawer shall pay the penalty for dishonored cheques on his or her own initiative within the prescribed time limit at the designated penalty collection agency, and if the penalty is not paid within the time limit, the People's Bank of China and its branches may impose an additional fine of 3% of the amount of the fine per day, require the bank to stop issuing the cheque, and apply to the people's court for compulsory enforcement.

The second is to establish a "blacklist" system for dishonored check violations. In order to intensify the supervision of bad checks, branches of the People's Bank of China have established a "blacklist" system for issuing bad checks, and regularly report relevant information on violations to banks in the same clearing area.

The third is to clarify the responsibilities of supervision and management. The head office of the People's Bank of China is responsible for formulating and supervising the implementation of the penalty system for bad checks; Branches of the People's Bank of China are responsible for the organization and implementation of administrative penalties for bad checks within their jurisdictions; The drawer's bank is responsible for reporting the irregularities in issuing dishonored cheques and serving relevant legal documents on behalf of the drawer; The fine collection agency is responsible for the collection of fines.

Fourth, the responsibility for violations has been strengthened. According to the division of powers, the Circular stipulates the liability of the penalty collection agency, the drawer's bank and the drawer of the bad check. Where a fine collection agency occupies or misappropriates the proceeds from dishonoured cheques, the People's Bank of China and its branches shall impose penalties in accordance with the relevant provisions of the Measures for the Punishment of Financial Violations, and if the circumstances are serious, pursue the administrative responsibility of their senior management personnel and directly responsible persons; If the drawer's bank fails to report, omits or delays in reporting the drawer's issuance of blank checks, the People's Bank of China shall order it to make corrections, and if it fails to make corrections within the time limit and the circumstances are serious, the administrative responsibility of its senior management personnel and directly responsible persons shall be investigated; The bank has the right to stop handling the cheque or all payment and settlement business for the drawer who repeatedly issues dishonoured cheques.

Depending on the circumstances, writing a dishonoured cheque to defraud you may be committing fraud. Those who issue dishonored checks to obtain property by fraud should be investigated for criminal responsibility in accordance with the law. If the circumstances of the act of issuing dishonoured cheques to obtain property by fraud are minor and do not constitute a crime, administrative penalties shall be imposed in accordance with the relevant provisions of the Negotiable Instruments Law.

How can the bank check bill not be cashed, how much should a bill be cashed, how much is the basic guarantee finance of the account, and the bank cannot issue the check beyond the guarantee finance. It is the bank for selfish personal interest, and the bank should be held responsible

According to the "Negotiable Instruments Law" and other relevant regulations, the person directly responsible and the relevant responsible person need to be held accountable for issuing a bad check, and should not be taken lightly.

Legal Analysis: Short Ticket Violations are subject to administrative penalties. Anyone who issues a bad cheque or a cheque that does not conform to the signature and seal reserved by the cheque shall be fined 5% of the face value but not less than 1,000 yuan by the People's Bank of China.

Legal basis: Article 87 of the Law of the People's Republic of China on Negotiable Instruments stipulates that if the amount of the drawer's bill exceeds the amount of the deposit actually deposited with the payer at the time of payment, it is a blank check, and the issuance of a blank check is prohibited; Article 88 stipulates that the drawer of a cheque shall not issue a cheque that does not conform to the signature or seal of the cheque reserved for his or her real name.

Legal Analysis: Imposition of administrative penalties for bad check violations. Anyone who issues a blank cheque or a cheque that does not match the signature and seal left by the pre-Xun Shiqiao is not for the purpose of obtaining property by deception shall be fined by the People's Bank of China of 5% of the face value but not less than 1,000 yuan"The rules are set violently, and we talk about fighting.

Legal basis: Article 31 of the "Measures for the Implementation of the Administration of Negotiable Instruments" If a blank check or a check inconsistent with its reserved signature and seal is issued, not for the purpose of fraudulently obtaining property, the People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan.

Legal analysis: If writing a bad check does not constitute a crime, the liability to be borne is that the People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan; The bearer has the right to claim compensation from the drawer for 2% of the amount of the cheque.

Legal basis: "People's Republic of China or Criminal Law of China" Article 194 In any of the following circumstances, where financial instrument fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, the sentence is between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given: (1) Clearly knowing that it is a forged or altered bill of exchange, promissory note, or check; (2) Knowingly using a bill, promissory note, or cheque that is invalid; (3) Fraudulently using other people's bills of exchange, promissory notes, or checks; (4) Issuing discarded checks or checks that are inconsistent with their reserved seals, and fraudulently obtaining property; (5) The drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without financial guarantee or makes a false record at the time of issuance of the bill of exchange to obtain property by fraud.

Where forged or altered entrustment receipts, remittance vouchers, bank deposit receipts, or other bank settlement vouchers are used, punishment is to be given in accordance with the provisions of the preceding paragraph.

1. Civil liability for issuing dishonored checks. The act of issuing a blank check is expressly prohibited by the Negotiable Instruments Law of our country, therefore, in addition to requiring the drawer to pay the amount and expenses stipulated in Article 70 and Article 71 of the Negotiable Instruments Law of the People's Republic of China, the bearer can also require the drawer to bear the liability for compensation for the losses caused to it by issuing the blank check.

In addition, Article 31 of the Measures for the Implementation of the Administration of Negotiable Instruments also gives the bearer the right to demand compensation of 2% of the amount of the cheque from the drawer for the act of issuing a blank cheque.

2. Administrative responsibility for issuing dishonored checks. Article 31 of China's "Implementation Measures for the Administration of Bills" stipulates: If a bad check or a check inconsistent with the signature and seal reserved by the issuer is not for the purpose of fraudulently obtaining money, the People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan, and the bearer has the right to demand compensation from the drawer for compensation of 2% of the amount of the check.

According to the above provisions, if an enterprise issues a bad check, the People's Bank of China may impose a fine of 5% of the amount of the bad check issued but not less than 1,000 yuan.

3. Criminal liability for issuing dishonoured checks. For those who defraud public or private property by issuing dishonored checks constitutes a crime, the Criminal Law of our country stipulates that they may be sentenced to fixed-term imprisonment of not more than 5 years or short-term detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.

1. What is the sentencing standard for the crime of bill fraud?

The sentencing standards for the crime of bill fraud are as follows:

1. Where financial instrument fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given;

2. where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given;

3. Where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.

The crime of negotiable instrument fraud refers to the use of forged, altered, or invalid negotiable instruments for the purpose of illegal possession, or the fraudulent use of other people's negotiable instruments, or the issuance of dishonoured checks, the issuance of bills of exchange or promissory notes without financial guarantees, or the fabrication of other negotiable instrument facts, and the use of financial instruments to carry out fraudulent activities and obtain a relatively large amount of property by fraud.

Article 31 of the Measures for the Implementation of the Administration of Bills stipulates that "anyone who issues a bad cheque or a cheque inconsistent with the signature and seal reserved by the cheque shall be fined by the People's Bank of China 5% of the face value but not less than 1,000 yuan."

Impose administrative penalties for bad check violations. Anyone who issues a bad cheque or a cheque that does not conform to the signature and seal reserved by the cheque shall be fined 5% of the face value but not less than 1,000 yuan by the People's Bank of China. "Legal basis:

Article 31 of the Implementation Measures for the Administration of Bills Anyone who signs a blank check or issues a check that does not conform to the signature and seal reserved by the State shall be fined by the People's Bank of China for the purpose of obtaining property by fraud.