On The Crime Of Swindling By False Pretences

The crime is that the criminal law divides a common charge in the crime against social administration of chapter six to swindle by false pretences,Our country 97 criminal law pretend to be crime this behavioral target amend " the state personnel " to read by " national staff member " on the basis of 79 criminal law ,Its purpose is to stress the maintenance of government office and state personnel's image and prestige. With the development of market economy, crime of swindling by false pretences is frequent day ,Its one that is practised the department by circle of theory and administration of justice day by day pays close attention to. In the first part, through carrying on comparative. The so-called crime of swindling by false pretences means in order to seek illegal interests, pretend to be the identities or professional titles of the state personnel ,Everywhere to show off, all kinds of deception to engage in activities harmful to national authorities and state organs of the image, prestige and other acts of the legitimate rights and interests. In the second part, of a trickster elements of the crime to conduct a comprehensive analysis, that the crime of violation of the complexity of the object, that is, state organs and state organs of the image and prestige, as well as other legitimate rights and interests of other legitimate rights and interests, including the public interest and citizens, legal persons, groups, units of a variety of legitimate rights and interests. In the objective aspects of the crime, the act focused on the subject of posing as a detailed analysis that the CPPCC and the Chinese Communist Party organs at all levels of staff, as well as other countries in accordance with the law on behalf of the management of state affairs should be defined as The staff of state organs. Compared with the extra-territorial legislation, as well as the status of research in our country's legislation, it is proposed to act pretending to be defined as "civil." In the third part of the distinction between the trickster and the trickster acts of crime, fraud, contract fraud, extortion boundaries, the existence of problems which conducted a comprehensive analysis. In which a trickster and fraud crimes law the existence of competing cross-relations, a special law should be strictly in accordance with the principles of common law is better than treatment; fraud belongings from the performance of the contract or contracts to distinguish between acts of a trickster is the crime of fraud and contract an important basis.