Study On The Problems Of Fraud Identified

Defraud is an old offense, but frequent fraud in our social life,especially in the process of judicial practice more common, multipleproperty crime and fraud. The judiciary in the process that appliesspecifically identified defraud for this ascertainment crime oftenencounter many difficult and complicated problems to be solved. For thecrime of fraud in the process of recognition problems, the research paperis divided into five parts:The first part is the identification of the basic concepts of the crimeof fraud. Describes the different perceptions and perspectives ofacademia to defraud the concept that the key is to grasp the concept ofcrime of fraud to seize the essential characteristics of the offense, so asto defraud the basic concept from the legal provisions of China’sCriminal Law "defraud scientific definition.The second part is defraud crime constitute identified. This sectionfocused on the crime constituted four aspects to defraud identified. Thesubject of a crime problem on the unit can become the subject of thecrime, said, in favor of the said three perspectives, this article in favor ofthe compromise to speak and explain the reason and compromise inacademia presence of negation; in whether the object of the crime issue, this paper focused on the basic definition of the object of the crime todefraud and property interests should be included in the scope of theobject of the fraud Crime discussions; subjective element of crimeidentified, mainly on the behavior of people with illegal possession ofpublic or private property the purpose and the interests of property aswell as indirectly, intentionally defraud untenable; finally identifiedcriminal objective behavior, I around the perpetrator fraud identifiedvictim disposition to recognize errors identified, identified, as well asdamage to property for the benefit of victims identified four areas to bediscussed.The third part is to defraud Accomplished, attempted as well as theamount of crime identified. Primarily in the list on the basis of fourunderstanding of the theory and judicial practice departments, focusingon runaway focus elaboration; defraud the amount of crime identified,we adhere to a double standard to say, because the doctrine reflects thePenal Code consistent with the principle of objective and subjective.The fourth part is fraud, crime or the difference. This sectionillustrates two aspects: First, the distinction between general fraud,mainly related to the prosecution of the amounts and the differencebetween civil fraud; Second, the distinction between ordinary debt dispute, how civil debt dispute, especially civil borrowing disputesdefraud difference, to be a brief discussion.The fifth part is to defraud the difference with his sin. This sectionfocused on two aspects of the fraud and theft, fraud, cheat were analyzed,in order to clarify the relationship between and distinction.