An Analysis Of Fraud In Crime Of Fraud

Crime of fraud is a common property crime in judicial practice, the criminal legislation will be as important to punish and prevent at all times. With the development of science and technology, changing social life, which makes the connotation and extension of crime of fraud presents new features also, the means of fraud, content, type, extent, and objects with each passing day. Therefore, studying issues of related to fraud is important in the criminal law theory and practice. Behavior is the basic problems of crime of fraud, fraud is the core of crime of fraud. The object of this article is ordinary crime of fraud, to the basic concepts of fraud and legislative overview,to the structural of fraud the main line, the last of the fraud in crime of fraud and other fraudulent acts distinction discussed and put own views.The first chapter is an overview of fraud, by domestic and foreign legislative overview presentation, summarized the concept of crime ofraud:the behavior with the purpose of illegal possession, use of deceptive or fraudulent means, so that others caught the mistake and "voluntary" disposition of property, which caused damage to property of others.The second chapter is the structure of crime of fraud. Reviewed the traditional structure of crime of fraud, analysis the ideal structural model of fraud that in the crime of fraud, namely:the fraud of the perpetrator, the victim into the erroneous understanding, the victim dispose the property based on erroneous understanding, the perpetrator or other people access to property, the victim suffered property damage; this chapter demonstrates that inevitable relationship between the various elements.The third chapter discusses the fraud in crime of fraud and other fraudulent acts distinction, including fraud in crime of fraud and civil fraud, and fraud in crime of fraud with the special crime of fraud in distinction. Fraud in crime of fraud and civil fraud, the key distinction is whether the illegal possession of property by the subjective purpose; and special types of fraud crimes is different from subject, object and representation of the fraud.