On The Act Of Fraud

This article regards the act of fraud as the research target. The theory of crime is based on the act. So act of fraud is the core of crimes of fraud. It is important value to discuss the act of fraud I think the act of fraud is a act that a person fictionalizes the fact or conceals the truth to deceive the other people with purpose which gain public or private money or property or benefit illegally, then enable the other people to sink into the mistake and pay his money or property to behavior person. Then I analyzed the structure model of the act of fraud that include five elements. They are act of swindle, mistake of the victim, victim pay his money or property or benefit because of mistake, a person who do some behaviors of fraud or the third person gains property and the victim have suffered the loss. Then, I discussed the problems of determining act of fraud. This article including three chapters besides preface.The Chapter One mainly introduced the Stipulations of act of fraud in our country's criminal law and foreign criminal laws. And I introduced and analyzed some viewpoints of act of fraud from the theorists. Then I proposed the concept of act of fraud in my opinion.In the Chapter Two, I mainly analyzed the structure model of the act of fraud. This model is ideal model, include five elements.——act of swindle—mistake of the victim—victim pay his money or property or benefit because of mistake—a person who do some behaviors of fraud or the third person gains property—the victim have suffered the loss. I analyzed and proved every element has the causal relation.In the Chapter Three, I discussed the problems of determining act of fraud. Firstly ,I elaborated the determination of accomplishment and attempt of act of fraud. Secondly, I discussed the discrimination between act of fraud and acts of other crimes. Finally, I involved two special acts of fraud——act of litigation fraud and act of computer fraud.