Research Of Swindling Act On Evading Payment

Swindling act on evading payment is such an act which is on the purpose of evading fee and hide the truth, cause others'property loss. This kind of act lies in legal practice, and it's a controversial issue. Many acts can be classified into this category, such as evading the toll fee, the passage money and the electricity fee or other service fee. Swindling act on evading payment is different from other similar legal terms, such as civil fraud, contract fraud, crime of theft and so on. Swindling act on evading payment harms the victims'property earnings. And in structure, swindling act on evading payment is in accord with the traditional crime of fraud, but different in cheating, possession and delivery. But in essence, the swindling act on evading payment harms the property interest, not the belongings, so the new type of fraud has some special characteristics, especially in criminal object. In perspective of comparative law, not only in Continental Legal System but also in Oceanic Legal System, many countries treat swindling act on evading payment as a kind of fraud crime, but the modes are different in legislation. Property earnings are the object that protected by criminal law, so some articles in criminal law should be adjusted to improve the criminal law system. This dissertation suggests that we should revise the article of crime of fraud, change the term of belongings with the term of property or property interest as an alternative. This revision is economical and supported by comparative law and criminal jurisprudence.