Determination Of The Amount Of Fraud Legal Issues

Fraud is a very common type of property crime, refers to the illegal possession for the purpose, the use of deceptive methods to cheat the large amount of public and private property behavior. Many countries, including my own fraud offenses in criminal law will be adjusted within the range specification. With the rapid development of China’s commodity economy, social relations are increasingly complex fraud is also developing even more diverse, but also more subtle deception, which makes fraud conviction and sentencing created new difficulties. To the amount of fraud as a criminal conviction, the perpetrator of the fraud amount of public and private property is its objective subjective vicious and behavior reflect the degree of harm, fraud conviction and sentencing is an important basis, so for fraud offenses the amount of crime studied systematically. But theorists question the amount of fraud, but slightly less than, rarely devoted and monographs, often in the objective aspects of fraud involving slightly, or the amount of crime committed amount of research or study in passing. Therefore,I selected the amount of fraud conducted a study demonstrated the extent of the fraud fraud conviction and sentencing of the significance, the focus of fraud and financial fraud, contract fraud, judicial interpretations of different analysis and fraud special fraud incrimination standard deviations caused by judicial dilemma of special criminal fraud fraud amounting to less than exceptional standard, but satisfy the minimum amount of fraud requirement should be how qualitative issues; specific amount of crime of fraud consistent with the ordinary amount of fraud, conviction and sentencing of whether there are other issues; fraud amounts recognized the special difficulties and fraud with criminal fraud conviction standard amount of imbalance and put forward the corresponding solutions.This article is a total of three thousand words, addition to the introduction and conclusion, in addition to the Introduction and Conclusion divided into four parts. Introduction a brief introduction to the main research background, significance, research methods and the research framework put forward in China’s economy growing, fraud is a growing problem, it is necessary to conduct research on the amount of fraud.The text consists of three main parts:Part Ⅰ:discuss the meaning of the amount of crime and the amount of fraud, the amount of the basic theory of fraud to be explored, clearly defined fraud, the amount of crime, the amount of fraud and a series of concepts, a brief significance for the assessment of the amount of the fraudthe statement that fraud conviction and sentencing of the value of the amount of crime.Part Ⅱ:the crime of fraud and special judicial cognizance of the offense of fraud compared to the analysis of the crime of fraud and financial fraud, contract fraud on the judicial interpretation of different analysis to defraud and special defraud incriminate the standard differential caused by judicial dilemma, that is special crime of fraud amounting to less than special to defraud the standards, but to meet the requirements of defraud the minimum amount should be qualitative? The special fraud amount of crime is consistent with the ordinary amount of fraud, conviction and sentencing are different? Analysis of judicial dilemma causes of imbalance of the special fraud sentencing analysis, from the amount of fraud in the conviction and sentencing, the relationship between the amount of fraud and balance of crime, fraud Lapping of Legal Provisions applicable three angles. Analysis of the publication of false information fraud danger to society, as well as how to determine the amount of crime.Part Ⅲ:combined with the issues raised by the third chapter, follow the specific legislative design principles, ideas and recommendations of the relevant legislation. That increase the amount of non-plot in the Constitution of Crime, reduce the amount of fund-raising fraud legal punishment starting point to determine the relative amount of fraud legislation mode.