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On The Criminal Objects Of Fraud

Posted on:2013-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q H YuFull Text:PDF
GTID:2246330371976325Subject:Law
Abstract/Summary:PDF Full Text Request
There is a long history as the crime of fraud for all countries. The crime of fraud shows multiple circumstances in our life, and the study and discussion on it is of essential theoretical and practical significance. With the development of society and the progress of economy, new fraud cases appear constantly, which results in some limitations of traditional theories. The difficult problems on the objects of fraud have been presented to us. The theory about the recognition of the criminal objects of fraud needs to be updated and improved so as to benefit the theories and judicial practice of fraud.This paper is intended to study the criminal objects of fraud, with the method of practice research and comparison research. Combined with typical cases in judicial practice and the differences of legislation both at home and abroad and, I analyze the essential characteristics of the criminal objects of fraud, learn from the latest research results and make some appropriate comments on fraud and the criminal objects theory. Meanwhile, I select several more controversial criminal objects-property interests, bond certificates, prohibited goods, property-based payments for illegal reasons. Combined the basic theory with the problems in the justice practice, the paper supplies its own views about the argumentative criminals and gives the overall argument. That is prospective and supplies useful discoveries for making the fraud theory rich and perfect.I define the property attributes of property interests by comparing the relevant regulations about the criminal objects of fraud, and analyze the property,as the criminal objects of fraud, is legal or not. I contend that the criminal objects of fraud should consist of property interests. Bond certificates, which involve registered ones and anonymous ones, would be treated differently. The virtual property in our life has become a new type of criminal object, which is of the property attributes, should be incorporated into the criminal objects of fraud. Although the contraband is forbidden or limited by the government, we should view the harmfulness in the society as the crime of fraud. Based on the property of the payment of the illegal reason in the civil law is hard to protect, and the main purpose of the criminal law is to protect law benefits. So it is necessary to enforce the protection of the property of the payment based on illegal reasons.
Keywords/Search Tags:Crime of fraud, Interest of property, Judicial determination of theobject of crime
PDF Full Text Request
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