Research In Several Difficult Problems About The Crime Of Fraud

Fraud is a common and multiple crime in judicial practice, it has been under the attention of criminal theories researcher and legal practice department. Numerous scholars and experts have made many specific research of the problems of fraud and resulting in many fruitful results. But for some of the important difficult problems, especially for criminal fraud target range, the objective elements as well as fraud and similar crimes in a number of difficult problems be lack of deep research. The author believes that in the the scope of object of criminal fraud, at first we should make an accurate definition for the property as criminal target of the crime of fraud,the criminal target of fraud should clude property and property interests, the property based on payment for illegal reasons can become the criminal target of a fraud crime.In the objective elements of the fraud, the fictional facts and concealing the true behavior are the core of the difficulties of the study. Fiction is weaving the fact not existing objective reality, in short something out of nothing; hide the truth is concealing the facts of that existing, do not say that should be said. The two acts often exist at the same time in fraud, are interwoven. Another difficult issue of the objective aspect is whether the composition of fraud is limited to victims voluntary delivery of property, I believe that the composition of fraud is is generally voluntary delivery of victims property, but in some special cases (such as fraud lawsuits), the victim being forced to pay property may also constitute fraud. Also, the person bearing the responsibility of telling people deliberately do not take the duty and so make the victim dip into wrong awareness and basing on it the victim make the wrong decision of dispositions of property,so defraud can also be set up.The difference of fraud and similar crimes mainly related to the distinction between fraud and theft, snatch crime, gambling. The distinction of fraud and theft lies in what a the last major financial means ctors have taken,is to hide the truth, or fictional facts or secret theft; in the distinction between crime and seize the key is whether the victim to deliver property for "voluntary"; and Gambling distinction, the key is the gambling activities, the existence of unilateral acts to change the rules of the game, make the incidental fact in gambling activities into Biran fact, prompted a one-way property in accordance with the Guding way from victims to perpetrators.