On The Identification Of The Nature Of The Fraud

The crime of fraud,as the main charge of the crime of embezzling money,is very common in criminal justice.Especially with the rapid development of science and technology,the means of fraud is more subtle and the method of fraud is more diverse.Apart fromthese,the amount of fraud is even greater and the harm of fraud is more serious.From the perspective of the theory of criminal justice,the connotation and extension of the crime of fraud are constantly changing,showing new features.The research on the related issues of fraud is of great significance to the theory of criminal law and judicial practice.In addition to the introduction and conclusion,the paper is divided into three parts.The first part introduces the divergence over different natures of the same behavior through three typical cases in the judicial practice,andsummarizes the property fraud behavior cognizance problems.The second part points out that the identification of fraudulent act's nature should adhere to the direction ofin the front of different frauds from four aspects which affect the identification of fraudulent act's nature.These aspects are as follows: fraudcontent,fraud ways,the degree of fraud and fraud phenomenon.The third part,from the perspective of causality,the author makes an analysis of the two progressive relationships between the fraud and the victim's misunderstanding and the victim's misunderstanding and the disposition of the property.Based on that,a conclusion can be drawn that the behaviors can be identified as fraud,from distinguishing the crime of fraud and other criminal acts and analyzing the behaviors of using two dimensional codes to take the property in the judicial practice.In short,the nature of fraud is to hide the facts and fabricate truth.As long as the behavior of the actor accords with this essential attribute,we can be identified this behavioras fraud.But in the specific judicial practice,that what kind of charges should be punished needs to take the existence of the law of competition or imagination and other factors into account.Only in this way can the most appropriate chargesultimately be chosen.