Research On The Difficult Problem Of Fraud Crime

The crime of fraud is a kind of property crime which appears frequently in daily life.The research on the difficult problems in judicial practice is helpful to crack down on the crime precisely and protect the property interests of citizens better.Whether the actor constitutes the crime of fraud should insist that the victim has the consciousness of disposing property subjectively,and there is also the behavior of disposing property objectively.It is necessary to insist on the relaxed sense of punishment,which is more conducive to the reasonable division of crime of property acquisition.Concealing the truth may also be an act or an omission,and the view that "concealing the truth can be realized through omission" can be properly developed,the two meanings of "fictitious facts" and "concealing the truth" should also be reasonably distinguished in the determination of the case,and in the application of the presumption as to whether the perpetrator has the purpose of illegal possession,it should be comprehensively considered,it is also crucial to ascertain the facts of the case to listen carefully to the explanations of the perpetrators,but hearing the explanations does not mean that all their confessions are admitted.The subjective psychological state of the actor needs to be judged by the combination of objective evidence and current situation.When judicial personnel use the special method of presumption,they should accept the supervision from the society and the supervising organ,guarantee the justice of the judicial presumption and maintain the judicial authority.