The Theory Of Crime Of Fraud Crime Amount Of Standards

In criminal justice practice,the crime of fraud is a long history of life but a long history of property crime,but also a difficult problem of a crime.How to determine the amount of fraud is the current criminal judges often have to face one of the focus and difficulties.And the means of fraud,object,amount,scope and so on with the continuous development of science and technology has also undergone tremendous changes,no doubt the amount of fraud to determine the amount of a more challenging challenge.In order to meet the changing needs of reality,more targeted to guide the crime of fraud related to the judicial practice,the Supreme People's Court,the Supreme People's Procuratorate in 2011 issued a "fraud on criminal cases on the specific application of a number of legal interpretation of the law"(hereinafter referred to as 2011),the interpretation not only provides further adjustments to the amount of the offense and the amount of the statutory penalty,but also provides guidance on the handling of some other specific circumstances of the crime,but the fly in the ointment is that the crime of fraud The amount of how to identify the issue did not make a clear and effective explanation.Compared with the 1996 Supreme People's Court "on the trial of fraudulent cases specific application of the law a number of issues explained"(hereinafter referred to as 1996 fraud),it did not happen much change,which led to the criminal law theory and judicial practice sector How to determine the amount of fraud in the crime,in the increasingly complex relationship between modern social property rights,there have been many controversy.And the amount of fraud is often on the judge whether the establishment of fraud and to determine the specific application of the sentence has a significant role in the scope of sentencing.Based on the practice and practice feedback on the theoretical research results,this paper examines the amount of fraudulent crime in 117 judgments,with a view to a thorough understanding of the basic situation of the amount of fraud in the trial practice Found that the main problems exist,in order to clarify the amount of fraud in the amount of crime standards that some suggestions,hoping to a certain extent,to solve the difficulties of judicial practice,the judicial practice to improve the help.The content of this article about 25,000 words,the main text of the article consists of four parts.The first part is a summary of the theory of the amount of crime committed by fraud.This paper summarizes the basic theory of the amount of the crime of fraud,and because theconcept of the amount of the crime of fraud is not expressly stipulated,the part of the theory of "crime amount" concept of the main method,on this basis and then embedded in the fraud The crime constitutes the concept of "the amount of the crime of fraud",and from the point of view of the specific behavior of the fraud in the form of the act,the perpetrator and the victim further explain the type of fraud,The important effect of the amount of fraud on conviction and sentencing leads to the empirical analysis of the amount of fraud.The second part is the empirical analysis of the amount of fraud and the existence of the status quo and problems.Before the empirical analysis,the source of the sample is described first,and the data are processed and analyzed to ensure the objectivity,authenticity and accuracy of each data.And then through the empirical point of view of China's judicial practice in the amount of fraud on the amount of the provisions of the judicial application of the status quo: the impact of fraud on the amount of the crime of the status of the judicial application of the status quo;the status of the crime of the crime of fraud;the amount of fraud The Present Situation of the Arbitration of the Determination of the Amount of Fraud in the Judgment.And from the status quo summed up the problem.The second is the "crime cost","before the return of the case," the amount of the provisions of the judicial application is not unified;third is the lack of judgment on the amount of fraud in the identification process of the amount of fraud;the second is that the amount of fraud is not clear;Argument.The third part is the reason of analyzing the existence of the crime of fraud.Through the above description of the dilemma of the above,the author further explores the reasons for the occurrence of the crime of fraud: the reason why the judicial application is not uniform;the second is the reason why the crime cost is deducted;Is the "return before the amount of money is deducted" identified the reasons for the predicament.The fourth part is to put forward the clear identification of the amount of crime of fraud.On the basis of the above analysis,the author also puts forward the realization path of the recognition standard of fraud crime from three aspects.First,strengthen the theoretical research,compare the choice of legal basis;Second,improve the legislative provisions of fraud,clear the amount of conviction sentencing basis.The specific operation is to enhance the operability of the criminal law,in the judicial interpretation of the crime of clear the amount of the basis of the crime;judicial interpretation should maintain the system,specific,increase the relevant circumstances of the provisions;such as increasing the "crime price" can be from the crime of fraud The amount of the deduction of the provisions;increase the "returnbefore the return" in the "return" the nature and purpose.Third,the implementation of judicial norms,the judicial process of fine.The concrete manifestation is: to improve the professional quality and skills of the judiciary;give full play to the positive defense role of lawyers;play a case guiding role;judgment instruments on the amount of fraud to determine the amount of argument should be strengthened.