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Defraud and Qualitative Major Controversial Issues

Author: ChangLiang
Tutor: ZhangXiuLing; ZhangLiQun
School: Inner Mongolia University
Course: Legal
Keywords: fraud qualitative dispute the other misdelivery behavior property damage civil fraud
CLC: D924.3
Type: Master's thesis
Year: 2012
Downloads: 304
Quote: 0
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Abstract


Defraud is an ancient crime, It prefers property type and it has a long history, but it also makes the relevant norms of the criminal law appeared the earlier study. With China’s social and economic development, property transactions are becoming more frequent, and the breeding of a series of fraud crimes, criminals fraud after another guise, interfere the virtuous circle of social and economic order, in order to combat fraud crime, for the realization of penalty purposes, as well in order to achieve a harmonious and stable social objectives in the current strengthening research becomes increasingly important to defraud. In this article, I will defraud qualitatively the main controversial issues to discuss and give relevant recommendations. This thesis is mainly taken the reasoning and empirical research methods. Speculative research methods, including the interpretation of the inductive method, comparative law, empirical research methods, including case examples law.The main content of this paper is following the aspects:First clarify the basic concepts and features of the crime of fraud, the crime of fraud and sought to clarify the qualitative controversial and difficult to analyze the elements of the object, the objective elements of the crime of fraud, the subject and subjective elements.Secend,through the analysis of a typical case, this article cited four controversial case, pointing out the issue and explain my point of view. Elements from fraud and other charges, in order to clear the boundaries of crime and crime.The third part tells a brief Summary of civil law countries and common law countries, to defraud the legislative profile, combined with the specific provisions of the Criminal Law to defraud were compared for reference, in order to provide useful from the legislative point to further improve the settings of the Criminal Law to defraud, make it more scientific and reasonable.

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