Subjectivity Identification Of Fraud Crime

Fraud is one of the most popular crime which happens around us common people. Even though a lot of seminar has been made in the scholarship, it is still a universal difficulty as to the subjective intent of fraud crime, and dispute a lot. On the other hand, the civil deceit, which includes the general civil fraud and breach of the contract, however happens frequently and caused a large number of social contradictions together with the rapid development of the socialist market economy and the lack of credit system. Also, for the vagueness of civil deceit and swindle crime, the public security organ has intervened many civil cases, most of which has been raised to the procuratorial organ for a public prosecution. In the working experience of a judge and lawyer, entrapment defense was highest pleaded rather than other ecomonic criminal cases, and most of the entry point focused on the subject intent, which shows the lawful subject intent identification is the dominating difference between civil deceit and fraud crime.Regarding to the subjectivity of fraud crime, there are two foremost debates in the theoretical science, among which the1st proposition is whether we should persist the purpose of illegal possession, the2nd proposition is whether we should inlet the concept of indirect intention. My opinion is that the social credit system should be built basing on the moral construction, but instead of abusing the criminal method with the cost of sacrificing of human rights, so I agree the the point of view, which the fraud crime should be with the intention of illegal possession, and it must be the direct intention.Another key problem is how to ascertain the direct intention of illegal possession of the suspect or defendant from the complicated objective phenomenon, through the scientific investigating method, however when the suspect pleaded innocent. And, we could distinguish civil deceit and fraud crime, identify crime or not. As this, we could both protect the human right not indulge the criminal, safeguard the development of the social economy without indulge crime.In this thesis, I will state my opinion of subjectivity identification of fraud crime basing on the typical cases which I met in the judical practices.