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Study On Some Problems Of The Crime Of Fraud

Posted on:2012-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:N LuFull Text:PDF
GTID:2216330338969234Subject:Law
Abstract/Summary:PDF Full Text Request
In this paper, the object of criminal fraud as a starting point to the mistake of fraud and property disposition to the main line throughout the text to two special acts of fraud to end, for the theory and judicial practice, the controversy about the issue of fraud discussed.The first part is the definition of the object crime of fraud. In judicial practice, courts in different parts take a different identification standards, making vague legal status of virtual property, the case convictions difficult. Therefore, the economic development of the network makes the protection of virtual property as the problem can not be ignored.The second part is wrong understanding of victims of fraud in the analysis. Victim as the perpetrator of the fraud is a misconception arising from the establishment of the necessary elements of fraud, but for the victim to doubt whether the time is still wrong understanding dispose of property, then there exists a certain degree of controversy.The third part is the meaning of fraud in the disposition of property analysis. Combination of fraud and theft in the behavior of occasions, the meaning of the contents of the definition of punishment has become a key distinction. Consciousness disposition on the sanction those who do not dispose of the property's value (price), quantity, type, nature completely correct understanding of consciousness should be punished for ease understanding.The fourth part is the nature of some special act of fraud. Avoid paying the cost of post-consumer is a more common situation, whether such acts constitute fraud lies in the formation of the victims of the sanctions mean before the disposition. In addition, the price of fraud constitutes fraud is also worthy of further discussion.
Keywords/Search Tags:crime of fraud, misperceptions, price fraud
PDF Full Text Request
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