On The Judicial Determination Of The Crime Of Fraud

The crime of fraud is not only a natural crime,but also a crime.It plays an important role in the field of criminal law theory and judicial practice.After careful selection,the selection of a judicial practice which is representative of the fraud cases to comprehensively and systematically elaborated the author to identify some views and proposals on the crime of fraud in judicial,last hope to own these ideas to the crime of fraud in judicial practice has little meaning and value.The article is divided into three parts,as follows:First of all.the introduction of the case and the focus of controversy between the two sides,the basic facts including the defendant basic information,the whole process of the implementation is considered fraud and the final judicial cognizance;the focus of controversy is divided into two parts,specifically:1 Mu there is subjective purpose of illegal possession;the objective elements of the 2 Mu the behavior is consistent with the crime of fraud;and then introduce the court and procuratorate reasons to support their ideas.Secondly,analysis of the focus of controversy,first specify the procuratorate's point of view,then expounded its reason.mainly to support the defendant subjective purpose of illegal occupation and objective behavior consistent with the crime of fraud crime analysis elements of the two evidence,and then stated the opinion of the court,and expounds its reason,mainly is support the defendant does not have the subjective purpose of illegal possession and does not meet the objective behavior of the crime of fraud crime of elements of the two evidence,and finally the author's point of view,combined with the evidence and legal theory,focuses on his analysis of the two argument,that their views and reasons.Finally,some suggestions are put forward in the part of the thinking and suggestion,which is mainly about the judicial identification of the crime of fraud,which should strictly carry out the standard of criminal proof standard,and make logical inference on the basis of the existing evidence.