On The Case Of Shi And Other's Cheating And Bluffing

With the development of the market economy, in recent years, the cases of pretending to be national office workers to go everywhere to swindle and bluff have often occurred, whoever impersonates a crime of the offender by fake identity of national office working personnel cheat others money, serious damage to both the authority to the state organs, also violated the company's property rights. Although legislation is continuing to improve, but the law is relatively simple, lacks the corresponding judicial interpretation, theoretical circle of criminal law and judicial personnel study of committing crimes is not much, cause in cognizance committing crimes, how to differentiate the boundaries of committing crime and fraud has been a difficult problem in the judicial practice.Summing up the case of disputes, whether Shi XX, Yu XX, Chen X,Wen XX constitute a crime, and what constitutes a crime. If the case constitutes a crime is mainly from the basic characteristics of crime concept and constitutive requirements of crime to analysis. What constitutes a crime is from the main components of committing the crime of fraud and crime by comparison to determine: one is whether the amount of illegal possession is up to prosecuting standards of fraud, the other is whether actor pretending to be is the object of national office working personnel. It is also analyzed from the concurrence of criminal. Through analysis of the case involved the fact and law we can know that : first of all, the behavior of Shi XX,Yu XX,Chen X and Wen XX have the basic characteristics of the crime, meeting the requirements of the constitution of the crime,and constitute a crime. Secondly Shi XX and others capita constitute fraud. Finally, because Shi XX, Yu XX, Chen X,Wen XX take the way of being as national office working personnel to cheat others' money, so they should be convicted of crime of cheating and bluffing. While Shi XX doesn't pretend to be a national office working personnel, so she does not constitute the crime of cheating and bluffing. Therefore, Shi XX,Yu XX and Chen XX should be indicted for crime of cheating and bluffing,and Wen XX should not be prosecuted.