To Defraud A Number Of Issues To Study

With the constant changes in social life, various special crimes of fraud have been separated or merged. The intrinsic and extrinsic meaning also has presented a new development, and the traditional theory of the fraud has been a great challenge. In this paper, the more contentious issues have been discussed, related fraud in the theoretical and practical part.The paper includes three parts, as introduction, body and conclusion.Introduction focuses on research in a practical sense. After recalling the ancient and modem foreign counties and China on criminal fraud legislation, it states the legislation of fraud on present, and put forwards the difficult and hot issues in the traditional theory of the crime of fraud and judicial practice.Firstly, it is about the scope of the crime of fraud. From China's Criminal Law in 266th item on fraud, the scope of the crime of fraud is the public and private property. With the richer modern life, the understanding of the property must not be too narrow. Objectively, though some property value for no money, as long as the owner or the holder has an economic value on the property, it may be the target of the crime of fraud; contraband, fraud festival can also become funerary objects; the property based on "payment for illegal reasons" should also be protected by fraud; includes property interests in property can become a fraud protection.Secondly, it is about the subjective purpose of fraud. Illegal possession for the purpose of fraud should be required as part of its subjective elements, although the law has not explicitly provides that, it must be required to explain on the subjective purpose to be added in order to construct a complete fraud. There is a disputation of academic fraud on the subjective purpose of the major "illegal occupation" and "illegal possession". This paper considers that "illegal occupation" and "illegal possession" means the two equivalents. On this basis, further examines on the problems of illegal possession of the judicial cognizance, for example, the conduct of fraud for a while or fraud may have application for the use of the property, Branch may have resulted in a penalty should be against the interests of the law, thereby constitute fraud.Thirdly, it is about the structure of the crime of fraud. From the traditional structure of the defect about act structure of fraud, fraud is not just two people involved in fraud, sometimes four people can be involved in fraud, including swindler, deceived person, victims and beneficiary. And the acting of bilk when the beneficiary is not the same person or when the deceiver is not the victim is advised to set up fraud, and thus sums up the new features of the structure of fraud. Through the analysis of some cases of fraud, it makes a conclusion that the proceedings fraud as a typical triangular form of fraud should be punished for the crime of fraud.Fourthly, it is about commixture of defrauding. From a practical perspective, this paper focuses on issues of identification the join between fraud and financial fraud, if the amount of fraud in financial fraud crimes did not meet the criteria, but meet the criteria of fraud, it should constitute fraud. In view of the intertwined theft and fraud, it is difficult to correctly grasp the problem when dealing with specific cases of disagreement, the key is to distinguish whether to dispose of property based on erroneous understanding between fraud and theft combining the analysis of specific cases.Conclusion is to sum up the above analysis and research on fraud four difficult problems, and to bring forward the specific points.