Qualitative Study Of Lan’s Fraud

Fraud is an ancient crime involving property. Although the theoretical researchabout it has a long history, the rapid development of economy in our country makesthe research about fraud left behind the current social situation. At the same time, ourlegislation about fraud is some kind of incomplete. Now, there are some suspects anddisagreements about how to identify Crime of Fraud in the criminal law theory. Inpractice, there are also legal basis is not unified and case-handling organ understandinginconsistent phenomenon, the serious influence the smooth development of the judicialpractice, the judiciary has made it difficult to grasp the practice of one of the difficulties.In view of the above, the author synthetically analyzing various law of existing theoryand view, through case analysis and other research methods, the crime of fraud of thesurrounding concrete difficulties in judicial cognizance, the real and in judicial practiceas a typical case, with reference to some preliminary discussion, in order to help thejudicial practice of this crime qualitative accurately and identified.This paper has twenty thousand words totally, and main content is as follows:The first part introduces the basic situation of the case, then points out that thedisputes and its main controversies.The second part discusses the question about crime and non-crime and mainlyfocus on the distinction between contract fraud and civil fraudThe third part analyzes whether the case constitutes theft crime, and mainlyanalyses secret theft and fraud.The fourth part mainly analyzes the key factors about identifying contract fraudcrime and fraud crime, namely, contract cognizance in contract fraud crime.The fifth part analyzes the common problems and its reasons of fraud crime inlegal practice, and comes up with countermeasures.