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The Study Of Proof In The Crime Of Fraud Subjective Components

Posted on:2016-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2296330503955133Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Along with social progress and the rapid development of the market economy, property transactions have become more and more frequent, The occurrence of the crime of fraud is increasing, How to identify the crime of fraud has become a major focus, difficulties in judicial practice, how to prove subjective elements of fraud crime become a problem of clearly define fraud crime, which has not been able to completely solve. In real life, the high technical and secret way of the fraud make the fraud behavior quite complex, the subjective attitude of the fraud is also more difficult to prove. Although people’s subjective state of mind is difficult to prove, but this does not mean that we have nothing to do, because people’s hearts will eventually be reflected through external objective behavior. This article is to combine the judicial practice, based on the relevant laws and regulations of purpose of illegal possession of the crime of fraud, the author classified the external behavior of the illegal possession of the purpose in the contract fraud and financial fraud to analyze the logic and process of presumption rules, as well as method of using evidence to prove the purpose of illegal possession, in order to explore the effective solution to the purpose of illegal possession and improve the way.The main research content of this paper is the proof of the subjective elements of the crime of fraud. From the aspects of the subjective elements of the crime of fraud, the characteristics and the purpose of illegal possession, the paper leads to the proof method of the subjective elements of the crime of fraud. On this basis, this paper analyzes the presumption rules and evidence rules of the subjective elements of the crime of fraud in research methods through comprehensive induction. and then in the empirical research methods, it offers a proposal from China’s specific situation and the current situation of the judicial proceeding. It is hoped that this research can find out a effective way to prove the subjective elements of the fraud, and to make its own contribution to China’s criminal proof research, to provide useful help to the criminal judicial practice in our country.
Keywords/Search Tags:crime of fraud, subjective elements, purpose of illegal possession, presumption rules, evidence rules
PDF Full Text Request
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