| Fraud is an old and common crime and is one kind of crime of encroachment upon property. Fraud occupies an important position in the theories of criminal law. In addition, fraud is changing dramatically with the development of the economy, culture, and the change in people's lifestyles and has become more harmful. In this case, the study of fraud is very important as it relates to criminal law theory and practice. Because of the modernization of the economy, the definition of fraud is disputed, especially what constitutes the crime of fraud and how fraud is different from other crimes.This paper discusses the dispute of the constitutive requirements of fraud and the difference between fraud and other crimes. It will explore the position of fraud and legislation in both China and foreign countries. Secondly, it will give the author's own view based on the four aspects of the constitutive requirements of fraud, including the object of crime, the objective aspect of crime, the subject of crime, and the subjective aspects of fraud. Third, this paper discusses how to determine the difference between attempted fraud and actual fraud and how to determine the severity of the fraud. Finally, it will explore how fraud is different from stealing, contractual fraud, and bribes so that the judicial system can benefit. |
