Not As A Fraud

Along with the rapid development of market economy,the object of the crime of fraud of the way,means,more and more diversified,intelligent,complications,and even there is the phenomenon of "chip", "highly",as a result,the judiciary is hard to define "crime and the crime", "the crime of the crime and he",for example: "tolls for case" in 2008,some scholars think it is the case when building peak,the peak act constitutes a crime of fraud,but some scholars don’t agree with this view,they believe that when peak,the peak two people should not to fraud conviction. So,it is very important,the crime of fraud of the detailed study established condition,especially emphasizes the offender can not as in the establishment of this crime of fraud. At present,our country can fraud in crime of fraud is not as a not a unified conclusion, so in order to perfect the criminal law theory and solve fuzzy place in the judicial practice,the author hope not detailed research as a fraud. Research not only can not as a crime of fraud in order to further promote the theory development of fraud,and can provide solutions to such problems in the judicial level.The full text is divided into four parts except preface and conclusion,mainly as an overview of the crime of fraud,never established,constitutive requirements and decided on the basis of its are discussed in this paper.The first part: the overview of nonfeasance fraud, analyzes the nonfeasance fraud criminal law nature and not as the concept of crime of fraud. Research is not as a criminal law nature of the fraud, not as a concept as starting point,analyses the German fraud in crime of fraud can be made up as the three major theories,namely, "said crime negation", "part of negative crime", "crime must be said," don’t think the fraud in crime of fraud can adopt. In research as the concept of crime of fraud,from the "inaction", "fraud",the concept of analysis is not as the concept of crime of fraud.The second part: not as a crime of fraud of the theoretical basis,from the guarantor status with the two aspects of non-performance,the inform obligation,this paper expounds the confirmed not place as the guarantor is the key of crime of fraud, judge whether the actor has the status of the guarantor to judge on the basis of laws and contracts is whether the actor has the inform obligation,the other party involved in understanding whether caused by the person not as a behavior,behavior person to perform the inform obligation is expected possibility,actor has a dominant position in dangerous places. Research fails to fulfill its obligations,instructions,inform the instructions of what circumstances the offender has to inform obligation,and whether the principle of good faith can be as a source of crime of fraud,the author analyzed by a case,and expounds the principle of good faith cannot be the obligation of not as a crime theory viewpoint.The third part: not as the constitutive requirements of crime of fraud,is the core of the full text of this part,mainly from two aspects of subjective factor and objective factor is analyzed. Is the difficulty in the subjective elements,have two separate "purpose of illegal possession" and "not as a crime of fraud could formed by indirect intent",the author analyzes the related theory of "the purpose of illegal possession", namely, "said illegal profits",all said "illegal",said all the "illegal", "said to own", finally expounds the reasons for support "to own". On the basis of the concept of "the purpose of illegal possession", the author analyses the composition not as a crime of fraud by indirect intent. Research is not as the objective aspects of crime of fraud, mainly from the actor is used to conceal the truth not as cognitive errors or continuous mode, the victim mistake property, the victim to deliver goods, the offender, the victim property losses of these four aspects were analyzed.The fourth part is not as the cognizance of the crime of fraud,the main distinction is not as a crime of fraud and as a crime of fraud,not as a crime of fraud and civil fraud,not as a crime of fraud, and the different between unjust enrichment, in order to help the judicial personnel in the process of handling correctly the "crime and is not a crime" and "the crime of the crime and he" boundaries,avoid delay case or delay treatment.