Fraud Cheated People Voluntary Payment Problem Research

Fraud is a traditional crime," natural crime" is very common, multiple, which in our country and even in the world scope of criminal law theory and judicial practice has a very special status. Accordingly, we should to this crime related issue in detail and learning. More importantly, the crime with a variety of changes in morphology, and in social life and judicial practice has a rapid development development. Due to China’s socialist national politics, economy, culture and comprehensive development, and public living standards and ideas of development in all aspects of change, crime of swindling crime means, infringed object, social harmfulness and other aspects have changed. In China, since ancient times the ages have attached great importance to the legislation of the crime of fraud. Xia Shang Zhou era of the rule of law is weak, as well as the Qin and Han Dynasties, the legislation is not perfect, which cause the two times in the law on crime of fraud behavior have yet to be. To the Sui and Tang Dynasties, with the open society and progress, the ancient Chinese legal system has been greatly improved, crime of fraud is also very detailed provisions of criminal law, for example in the fraud is divided into specific use of official and private to take money, cheat, cheat money for private documents to cure disease to take money and so on several fraud morphology. After the founding of new China for a period of time, due to some historical reasons, our legal process once remain stagnant. Until1979, in order to combat crime, the protection of human rights, China to formulate new penal code, for fraud and the penalty was carried out detailed provisions in the law,151st,152, fraud crime of fraud and crime divided into cheats, the move to punish criminal acts of fraud, the protection of the ownership of property greatly effect of. Thereafter, for a better, more effectively punish crime, the purpose of the behavior, the NPC Standing Committee conducted a number of legislation, the Supreme People’s court also issued a number of judicial interpretation. Along with our country external the development of reforming and opening as well as the change of economic system, socialist economy, politics, culture and other aspects have made great progress. In order to adapt to the development of the society, the NPC Standing Committee in199779year criminal law was amended, formulated the" Republic of China", that is97years in the criminal law, the criminal law in legislation of crime of fraud also made related changes, specifically is79years in the criminal law provisions of fraud in the151st,152and to a, and also increase the securities fraud and the crime of contract fraud.Over the various laws and regulations, in the specific historical stage, to punish fraud crime and the protection of the ownership of property plays a very important role. However, socialist society in the reform and opening up more and more thorough, the market economy is more and more mature, then fraud also had new change and development, behavior becomes more and more wide, the crime method and means of layer also change rapidly, emerge in an endless stream, is impossible to guard against fraud appears ceaselessly. Generally speaking, our country criminal law theory of crime research and discussion is very comprehensive and thorough, however, either in practice or theory, from the theory to the practice of whole process, fraud continued to show many specific problems, we need to conduct in-depth discussions on the crime. For detailed understanding and grasping the essence of crime of fraud, this article from the concept of the crime of fraud, the legislative history, constitution, as well as the perpetrator of fraud behavior patterns, behavior consciousness and other aspects, in order to fraud in the victim’s "voluntary " delivery behaviors as the focus, the crime of fraud carried out a detailed explanation, with period to the law learners bring some enlightenment.