Analysis Of Judicial Congnizance Of Selling Fraud Products

As China's economic development and improving people's income level,more and more people to the stock market as an important investment channel,so all kinds of stocks selling software and providing consulting services stocks appeared in large numbers.Some companies use no qualified investors hope to profit by the mentality of stocks,stock software and providing false stock advisory services defrauding investors of property.In judicial practice,cases of this type should be recognized as what's wrong,how to calculate the amount of crime,more controversial.Some places deal with fraud,contract fraud in some areas to deal with,but also in some places in the production and sale of fake products,convicted and punished.The reason,but because production and sales of shoddy goods behavior is often accompanied by fraud,and fraud and production,and there is a cross between selling fake or substandard products,how to distinguish between the two crimes more difficult to limit itself,combined,such cases are often accompanied by a common crime,the suspension,etc.,accurately define the nature of the conduct of that kind of judicial practice it became difficult.In view of this type of fraud to sell together,for example,to explore the idea of solving such cases,hope to the criminal legislation,judicial practice help.This paper is divided into four parts:The first part: the basic circumstances of the case.This section describes in this article to explore the merits of the case,and the case of disagreement regarding the process.Causes of disagreement that investigators for the following four different understanding: the difference between fraud and the production and sale of fake or substandard products;Implicated identification;amount of fraud identification and Desistance identified.The second part: Analysis of legal issues.This part of the legal issues involved in the above four aspects are analyzed,and the following conclusions: fraud with the production and sale of fake or substandard products the main difference is that the intention of the transaction,transaction behavior,performance and value of the subject matter,deception the extent and deceived reasons,oriented aspects group,the number of sales,impact on the market economic order,etc;identification implicated relations requires that the perpetrator subjective implicated intentions,the number of acts have generally implicated in the objective;fraud amount It should be calculated after deducting the interests of victims of property obtained;Desistance actors need to eliminate the reason for the behavior of force common crime.The third part: case analysis and conclusion.This part of the cases analysis,the perpetrator's conduct constituted fraud,fraud shall be deducted the amount of the actual value of the software stocks,Xie Moumou behavior Accomplished amount of part and upgrade part deceived investors do not set up the suspension,have not yet been completed fraud behavior section set up stop crime.The fourth part: Revelation case studies.This is partly based on the foregoing legal analysis and case analysis and conclusions,summarized revelation given case.