Study On The Basic Problems Of Cheating

Since the Third Plenum of the 11th,as China's economic and social development of the social wealth greatly increased,particularly public and private property of individual citizens for the performance of more diverse forms.In 2004,China's National People's Congress to amend the Constitution,the protection of citizens clearly private property.China's Criminal Law established the Crimes of Property Violation of this type of fraud,and violations of this type of property crime punishable.In this paper,absorbing and learning from foreign criminal fraud on the basis of research results,could be trying to build a criminal justice theory and practice of combining science and help that the complex phenomenon of crime and rationally determine the criminal responsibility of the fraud crimes constitute a crime.The main contents include the following:â…°The main summary mainland legal system criminal law and the EnglishAmerica legal system criminal law cheating crime legislation survey and sets up the legal regulation,and unifies our country criminal law cheating crime the specific stipulation to carry on the comparison model, further consummates our country criminal law cheating crime by the time from the legislation angle the establishment,scientifically causes it,to be reasonable,â…±Expounded the cheating crime basic concept and the characteristic,and try hard to clarify the cheating crime each constitution important document the dispute and the difficulty place,to cheated the crimeobject important document,the objective important document,the mainbody and the subjective important document carries on has cleaned up,constructs clearly,is concise,the science cheating crime crimeconstitution,â…²Along with the Internet popularization,the information time arrival,cheating crime crime method one pattern after another,the crime form ever changing,correctly deals with the amount issue,the crime stop sjudicial solid service question and so on shape question as well as responsibility for an offense question, needs to cheat the criminalcrime to constitute the theory to develop daily,reasonably the enrichmentand the expansion,realizes original intention of and the goal well the legislation,â…³The cheating amount both has determines guilt the amount,and has the discretion of punishment amount.Among them,determines guilt theamount to belong cheats the criminal crime to constitute the important document the category, but the discretion of punishment amount does not belong to its crime constitution important document the category.Determines guilt establishment of the amount decision crime,weight ofthe discretion of punishment amount influence punishment. The cheating amount must the belongings value which actually swindles by thebehavior person be the weight standard,but not other.The cheating behavior constitution crime is its existence intentionally crime stops the shape the premise. Certainly is not all intentionally crimes allinevitably has each kind of shape which the crime stops.The reason to the crime constitution legality,standard,according to our country criminal law cheating crime stipulation,the author believed that,our country criminal law cheating crime only has crime done.This kind of intentionally crime to stop the shape,but no other other.It maybe come the cheating crime discretion of punishment the legal plot.Regarding the cheating crime principal offender(most importantmember),should not totally aggravate the punishment.Avoid saggravating the punishment,does not avoid when appraises."Litigation fraud" is still the fraud, typical of the "fraud triangle" behavior.Fraud and other related crimes,the legal and practical limits of judgement,when a crime in its own characteristics as the starting point,to compare,to identify,and clearly defined the limits of crime and crime.