The Research Of The Fraud Crime

The appearance of internet fraud,telecommunication fraud and some other new forms of fraud has seriously affected the lives of the general public and caused a huge impact on the public’s property interests.With the emergence of new forms of fraud,the difficulty of deciding the crime of fraud is also increasing.This article aims to correctly understand and determine the crime of fraud and provide references for solving the problems encountered in judicial practice in the crime of fraud.This article is divided into three chapters for a new combing of fraud.The first chapter,the objective aspect of the crime of fraud,starting from the three elements that are more difficult to identify in the five elements of the basic structure of fraud,divides this chapter into three sections.In the first section,the deceived person has a cognition error,leads The Viktimodogmatik to the victim to recognize the degree of mistake in the crime,and introduces the victim’s creed in the specific judicial practice,the deceived people understand the difference in the degree of mistake make the different influences on the establishment of fraud.In the second section,the disciplinary person performs the disciplinary action,distinguishes the generalized disciplinary behavior,and divides the disciplinary behavior into two aspects: the narrow-minded disciplinary behavior at the objective level and the subjective disciplinary intention,and determines the nature of the disciplinary action,and clearly punishes the disposition.That is,possession transfer,and introduced various ways of punishing behaviors;in terms of punishing meanings,it shows the necessity of punishing meanings for the establishment of fraud,and explains what must be included in the meaning of punishment.In the third quarter,the cheated person suffers from property losses.Through the determination of the property,the property interests are also included in the property.Through the different views of the academic community on the loss,it is shown that the loss and the economic value are the criteria for judgment.The second chapter,the special type of fraud,elaborates the problem of the identification of triangle fraud and telecom fraud.In the first section,triangle fraud,starting from the concept and characteristics of triangle fraud,shows that the lawsuit fraud is also a form of triangle fraud and proposes a new type of triangle fraud.In the second quarter,telecommunication fraud clarified the conviction issue of telecommunications fraud by sorting out the characteristics of telecom fraud.The third chapter,judicial Determination of Fraud Crime,is divided into three sections.Starting with the similarities and differences between fraud and civil fraud and theft,the boundary between fraud crime and non-crime and similar crimes is clarified.