Investigation Of The Non-fraudulent Act

At present,because it don’t form the general theory of non-fraudulent act,somust be intensive study in.the non-fraudulent act.Basing on the concept of“nonfeasance” and “fraud” at home and abroad,the non-fraudulent act is “thetortfeasor be having obligation to disclose,on the purpose of accroaching,nonfeasanceby suppressing the truth,makes the representee keeping mistaken cognition tocontinue or intensify it and disposaling his\her property or property interest.”Basingon the concept of the non-fraudulent act,the non-fraudulent act must be having somestructural features: the representee must be in fault in advance,the tortfeasor carriesout the nonfeasance of suppressing the truth, the tortfeasor makes the representeekeeping mistaken cognition to continue or intensify it, the representee disposalshis\her property or property interest voluntarily, the tortfeasor or third party has theacquistion of property.But,for the nature of criminal law of the non-fraudulent act,thetheory academia exists three viewpoints,“crime of negation theory”,“part crime ofnegation theory”and “crime of affirmation theory”.But,because the non-fraudulent acthas the purpose of illegal possession,and it’s keeping with objective aspects of crimeof fraud,so it can be constitute the crime of fraud.Basing on these structural featuresand the nature of criminal law of the non-fraudulent act,the non-fraudulent act isdifferent from the fraudulent act on the behavior,the obligation to disclose and thetime of the representee having mistaken cognition;the non-fraudulent act is differentfrom the unjustified enrichment on the subjective and objective aspect of crime;thenon-fraudulent act is different from the act of embezzlement on the behavior objectand the behavior.