Criminal Law Regulation Of Repeated Petty Fraud

As a type of fraud,many petty scams are more insidious and involve more victims than ordinary scams.With the development of society,the phenomenon of multiple petty fraud is becoming more and more common.At present,only the law of public security administration and punishment can regulate petty fraud,and the relevant criminal laws have not made clear and specific provisions on this,which leads to the bias of judicial organs in handling relevant cases.Since the administrative penalty for petty fraud does not have the effect of deterring criminals,and the problem of repeated petty fraud is becoming more and more serious,it is necessary to regulate the criminal law for repeated petty fraud.In this paper,through the research of many times of small fraud,so as to find a way to solve the problem of many times of small fraud,hope to provide some help to solve the related problems in the future.This article is divided into three parts.The first part is an overview of multiple micro-fraud.The first section focuses on the external characteristics of many petty fraud behaviors in real life and the types according to certain standards.The second section is the introduction of the relevant controversial theories on whether repeated petty fraud constitutes a crime.The third section analyzes the necessity of regulating multiple small amount frauds in criminal law from the three aspects of social harmfulness,practical urgency of regulation and rationality of criminalization.The second part is the analysis of the coincidence between the behavior of repeated small amount fraud and the related theory of crime number,so as to analyze whether the theory of crime number of criminal law can be used to solve the problem of repeated small amount fraud in the absence of relevant regulations in the existing criminal law.The first section of continuous first make a simple concept,the characteristics of analysis,and then by making small fraud behavior characteristics and continuous many features were analyzed,finally found many small although fraud committed has certain similarities with continuous,but there are great differences in some features,therefore cannot use series crime theory to solve the problem of multiple small fraud.By the same token,the second and third section respectively on in place of the concept and characters of the crime,collections,crime is analyzed,and then respectively analysis of the multiple small fraud and in making,collections,made between the characteristics of the place,finally see though many small fraud and succeeded making,sets,there are somesimilarity in some respects,but there are big differences in other characteristics,so in place of crime,collections,crime theory could not be used to solve the problem of multiple small fraud.The third part is the study of the criminal law regulation of multiple small fraud specific measures.It can be seen from the first and second parts that the existing criminal substantive law and theory cannot solve the problem of repeated small amount fraud,so it is necessary to find specific solutions to the problem.In criminal law are summarized in this part of the first section with multiple small fraud similar "many times" kind of crime,and then the second section points out the research "many times" class crime needs to pay attention to the problem,and then in the third section puts forward some specific measures to solve the problem of multiple small fraud,namely: the legislature will "many times" as a small fraud conviction standard revision of relevant provisions in the criminal law,or judicial interpretation of the supreme judicial organ by several small fraud amount specified untreated need to be accumulated.