Study On The Legal Nature Of The Cases Of Fraud And Deceit

"Cases of fraud and deceit" from the form of performance is often both a secret and a means of deception,Popular terms may be stolen in a cheat,cheat in the stolen,May also be stolen after cheat,or cheat after stolen,or stealing together with cheating.On the subjective intention,the cases of fraud and deception are atypical and false.In the objective behavior,it has both the "Pirates" and "fraud" ".According to the different criteria,"Cases of fraud and deceit" can be divided into two kinds of cases,which is stolen helps cheat and cheat helps stolen;and stolen after cheat and cheat after stolen.The theoretical circle of criminal law researches on the qualitative issues of "Cases of fraud and deceit",in generally speaking,there are three statements which is alternative theory of a serious crime,fundamental means theory,and treatment behavior theory.alternative theory of a serious crime and fundamental means theory can not solve the theoretical premise,And the related concept of vague,has no theoretical rationality,also does not have the practical operation.Treatment behavior theory is relatively reasonable,but it still needs to be further demonstrated.Accurate characterization of "Cases of fraud and deceit",based on the standard versions f of treatment behavior theory,but should accurately grasp the three aspects of the "treatment behavior ",which is “treatment meaning”,“treatment action” and “treatment authority”.For "Cases of fraud and deceit",if there is treatment behavior,it is crime of fraud;on the contrary,it is crime of theft.