On The Act Of Cheat And Bluff Of The Crime Of Cheating And Bluffing

The act is the base of the theory of crime, the act of bluffing is considered as the core of the crime of bluffing. Therefore, it is significantly important to discuss the issues with regard to the act of bluffing. The act of bluffing is described as the actor who deceives others, swindles properties or some other benefits, damages the prestige and public interests of the organ of state, or the lawful rights of citizens, legal persons and other organizations through the way of pretending to be the state organ work personnel or professional title, in order to reap illegitimate profits. From the perspective of the way, the act of bluffing exists whenever the action has been done or has not been done. From the perspective of the content, the act of bluffing should include pretending to be state organ work personnel and swindling illegal interests. From the perspective of the object, the objects of act of bluffing are illegal interests which include property, sexual interests and non-property sexual interests. From the perspective of the extent, the criterion for judgment should be, the act can let common person make mistakes, "common person" includes all the common people that could possibly become the dupe, they might be minors with low IQ, spirit incompetents, but except the children without any knowledge or distinguishing ability and mental patient. When the actor swindles large amount of property through the way of pretending to be the state organ, the act of bluffing and the act of fraud are the overlapping of articles of law, the boundary between them is the value of the property. The fundamental boundary between act of bluffing and the extortion is victims'different mean defects. The former is pretending to be the state organ to swindle, making misconceptions of victims to hand over property; it focuses on the victims' subjective understanding of factors. While the latter is threatening and blackmailing, making the victims scary, and forced to hand over property, it focuses on the victims' willing factors, infringing upon victims'freedom of mean decision. The boundary between the act of bluffing and the act of bluffing through pretending as military personnel is the former swindling through pretending to be the state organ work personnel or professional title while the latter through pretending as military personnel.