Identification Of New Fraud In Crime Of Fraud

Life lie is different from the science of criminal law to deceive. Life lie may be larceny, embezzlement, fraud, etc., in the science of criminal law to deceive refers to the crime of fraud. Behavior is crime the premise, a behavior will be crime, no less crime, not to punish crime criminal law idea, so, it is very important to identify behavior. This paper expounds is the fraud in crime of fraud. The act of fraud plays an important role on establishing the crime of fraud. Social change rapidly, science and technology high-speed growth, liar deception not only limits the traditional fraud, but also new type of fraud is quite common. This paper aims to solve the problem of definite traditional and new type of fraud.This text intends to discuss the act of fraud from five parts. The first part is the concept of the crime of fraud and fraud. In this context is the crime of fraud, it discusses the act of fraud in the framework of the crime of fraud. Therefore, it is the key to illustrate what is crime of fraud clearly.The second part is the structure of fraud. No crime without behavior, behavior is the core of the crime, so, fraud is the core issue of the crime of fraud. In theory, the existing fraud structure model:the behavior of people implements cheating-the fool produces or continues to maintain, strengthen the wrong understanding-the fool bases on the wrong understanding dispose of property-the behavior of people or the third person obtains property-the victim suffers property damage. This article decides to specific analysis each elements, thus, discusses the inner relationship between them.The third part is new types of fraud and recognition. This part is the focus of the article and essence. For the traditional fraud, it is easy to discriminate, however, for the model of fraud we are vulnerable to the external form of the fool, while ignoring the essence is fraud, thereby deceived. Therefore, the affirmation of new type of fraud is significant. This paper includes the following several kinds of new type of fraud:roughly triangular fraud, telephone, SMS fraud, network fraud, money is the accommodation of behavior, double buying and selling, gambling fraud.The fourth part is the plight of the identified in the new type of fraud. This is the sublimation of the essay. Discussion on the problem itself is in order to solve the problem, since it is a new type of fraud, is different from the traditional fraud, in the cognizance of the crime and Non crime, this crime and that crime is likely to exist dilemma, for example, the current criminal law whether the provisions of such conviction; The existing criminal law provisions of such crime, then, is a fraud, or theft, or, is the crime of embezzlement; In the judicial practice, and how to deal with these new cases, there are no relevant judicial interpretations and so on.The fifth part is the specific solutions to difficulties in new type of fraud. Facing these difficulties, what are the specific solutions? For instance, to formulate relevant laws and regulations of legislators; The enforcement provisions of relevant policies; The judiciary of strict enforcement of the law; Law-abiding person to strengthen the prevention consciousness etc.In a word, with the development of society, the means of fraud, method, way takes on a new look, the intension and extension of the crime of fraud is changing, fraud, in particular, to identify fraud is imminent, especially about the recognition of a new type of fraud, but also is of great urgency. In this article, hope to able to distinguish the boundaries of various fraud, in order to the judicial practice has a certain guiding role; Hope to be able to distinguish the different forms of fraud, in order to have a certain effect on the publicity and education of people; Determination of hope to clarify every kind of fraud, in order to have the certain model function to the theory of law.