Practical Issues Of Crime Of Fraud

Since China has entered a period of reform and opening up, the rapid development of the market economy, the present social forms and attaches great importance to the interests of property. At the same time, the number of illegal behavior against property are more and more frequently, fraud this is a highly intelligent and non-violent behavior typical usurpation of behavior. Unlike theft or robbery so obvious, in judicial practice, sometimes illegible. Boundaries between their behavior with a number of civil and commercial matters, or some of the acts color with fraud, but at the same time with other constituent elements of the crime, the characteristics, resulting in sin difficult to accurately judge and other crimes. This paper aims through the existing domestic and international legislation and doctrine, as well as of some of the typical case, further research to defraud concept, composition theory and judicial practice difficult problem to solve. This article the general content of the following aspects:First, Simple overview of the current situation of domestic and international legislation to defraud, to distinguish it from contact foreign common law and civil law, a brief description of the basic questions to defraud; combined with our defraud the legislative status quo, the discovery of fraud sin absorption of some of the foreign distinction foreign defraud content.Second, from the basic characteristics of the constituent elements of the crime of fraud discussed in detail and identified the relevant theoretical concepts in the understanding of the author’s. This part of this article on the theoretical level, the important expositions part, major foothold in some of the key elements of the constituent elements of the crime of fraud, such as:"property interests" identified for the purpose of illegal possession "and so on. The author through the interpretation of existing law bars as well as the understanding of the theories of jurisprudence today, put forward their own point of view of the theoretical issues and views, and make a determination.Third, the focus of this article, this chapter discusses how to identify problems in the judicial practice focused community special acts of fraud features. Mainly for the difference between fraud and crimes against property of this chapter other criminal conduct in-depth analysis and research, through typical case raised such acts in the judicial practice how it should be judged, and expounded to support their views. theoretical basis.Above is the three parts of this article, highlighting two and third chapters, respectively, to defraud the issues discussed in detail from the point of view of the theory and practice of exposition commenced on the basis of existing legislation and doctrine proposed the author’s point of view.