The Research On "Legal Fraud"

Fraud is a common crime in human social and economic life. With the acceleration of China's reform and opening up, economic activities are becoming increasingly active, not only with general upward trend in fraud, but also with the emerging new types of fraud. In recent years, one new type of fraud, which raises theorists and physical sector attention, become more and more common .The process of this kind behavior is that the perpetrator to initiate proceedings through forged or altered false evidence to deceive the court and the court enforces litigant's property. Some scholars believe such acts as extortion of a special manner; some scholars believe that such acts of innocence; some scholars believe that such acts should be called "legal fraud." Moreover, in academe, it is controversial for the legislation of such behavior. It is in this context that the author embarked on the features, the liability and the legislative feasibility of these acts. I hope my research can provide theoretical support for legislation and judicial practice.Besides introduction and conclusion, this thesis fells into four chapters. Introduction part is a brief survey to the main features and background of this new type of fraud.Main part consists of four chapters: Chapter one is for the concept of "legal fraud". The cases are from real life and from these cases the author summed up the "legal fraud" features. Also I think that it is most reasonable to call the act of "legal fraud". Chapter two is the criminal analysis for the features of "legal fraud". In this part, the author made the necessary analysis for three theories, " the theory of extortion crimes", "the theory of innocent" and "the theory of defraud". Then the...