Research On The Related Issues Of Zhang Wenzhong's Fraud Case

With the great economic prosperity,the crime of fraud,as a frequent property crime in China,is characterized by an endless stream of fraudulent means and methods,more secretive behavior patterns,and more difficult to distinguish from civil fraudulent means.Based on the complexity and variability of real cases,it is insufficient to distinguish civil fraud from fraud crime with the purpose of illegal possession.Starting from the controversial focus of the fraud case in Zhang Wenzhong,this article analyzes the rationality of Zhang Wenzhong's acquittal from three aspects: the purpose of illegal possession,the victim's misunderstanding and fraud.Firstly,the author focuses on the relevant theories of illegal possession purpose at home and abroad,as well as the judicial norms of illegal possession purpose in China.Based on this,the author puts forward that the connotation of illegal possession purpose should be the meaning of exclusion and utilization,and whether the actor has illegal possession purpose should follow the principles of comprehensive judgment and restrictive interpretation.Secondly,the author combines the related theories of victim's misunderstanding at home and abroad,and limits the victim's misunderstanding to the misunderstanding related to legal interests,and divides the victim's misunderstanding into four levels: subjective assurance,abstract doubt,concrete doubt and no misunderstanding.Thirdly,starting from the content and degree of fraud,the author affirms that the future facts and value judgments can be used as the content of fraud,and that fraud can only be constituted to the extent that the victims fall into misunderstanding and dispose of property.Finally,the author combines the purpose of illegal possession,the victim's misunderstanding and fraud,and puts forward some suggestions on the demarcation between civil fraud and fraud.