| In recent years,the acquittal rate of common fraud cases remains high,which indicates that such cases are still controversial in judicial practice.By retrieving the Chinese net in the written judgment of ordinary fraud case of innocence,and extract the three typical cases as a sample case,case analysis and the focal point of controversy can be found,the courts found not there are two main reasons: first,belong to civil fraud case rather than a criminal fraud,should be changed from the civil law;Second,the defendant subjectively does not have the purpose of illegal possession.The discrimination of common fraud cases between criminals and civilians should be analyzed and evaluated one by one by judging whether the perpetrator has carried out deception based on the overall facts,whether the victim has disposed of property based on the perpetrator’s deception,and whether the perpetrator has the subjective purpose of illegal possession.At present,the academic and practical circles all advocate that the method of criminal presumption should be adopted to solve the worldwide problem that it is difficult to identify the subjective object of illegal possession.A number of legal documents or judicial interpretations in the field of financial fraud,represented by the meeting minutes of the national courts’ hearing of financial crime cases issued by the supreme people’s court in 2001,provide a more specific judicial practice standard for the implementation of this method.The rules of presumption of exculpation or incrimination embodied in such legal documents or judicial interpretations can be applied to common cases of fraud.However,there are some problems in the criminal presumption system,such as the conflict with the principle of legality,the tendency to fall into the objective imputation,and the lack of uniform presumption rules.In this regard,on the basis of the principle of the unification of the subjective and the objective,the criminal presumption system should be improved by distinguishing the degree of proof of basic facts and clarifying the burden and standard of proof of both the prosecution and the defense.Problems in the class of ordinary fraud case for further in-depth study found that by exerting substantial interpretation theory of criminal presumption system corrective action,help the judicial personnel set up comprehensive crime from the objective to the subjective cognizance,correct understanding of the victim dogmatics of fraud cases from sin function,to solve such problems also has the very vital significance. |
