To Defraud The Administration Of Justice Research

The crime of fraud as the old crime to property, due to the complex relative of property some controversies of constitutive requirements existed in the academic circle of criminal law and the judicial . Research the theory construction and definite the extension of the crime of fraud, providing the justice foundation for trail. By the analyzing of the factor of constitutive requirements of crime of fraud in angle of judicial, make a conclusion that poverty order is the protect subject base on the Japanese theories and new subject theory is the formulation of it. Then, analyze some of fraud and explicate and dispute issues about the constitutive requirements of crime judicial circle, the judicial controversies existed in the academic and judicial circle, sketch the concept of the crime of fraud and legislative evolution and etc. The author in this article holds that crime object include property benefits and fictitious property even artificial organ. legal person cannot be the subject of the crime and that indirect intention of subjective aspects cannot compose the crime of fraud, the article ends with comparing the crime of fraud with other relative crimes.