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The defraud construct objective aspects of research

Author: YaoXiaoFeng
Tutor: WangPing
School: China University of Political Science
Course: Criminal Law
Keywords: Defraud Objective aspect Logical construct
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 231
Quote: 2
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Abstract

In the transition period of the socialist market economy, the surge in the number of fraud crimes, it is an indisputable fact, both 刑法理论界 judicial practice have paid high attention. In view of the fraud crimes frequently occur in the judicial practice, a great social harm, so down, punishing and preventing fraud crime has become imperative of practice the departments and theoretical circles. Face variety, all kinds of fraud crime, especially new types of fraud crimes, judicial practice due to the lack of theoretical research, often wrongly characterized as his sin, which is not only contrary to the principle of legality, but also contrary to our penalty purposes. I believe that the reason why this happens, the main structure of our theory of criminal law on the crime of fraud deficiencies, especially the constituent elements defraud objective study is particularly weak, which directly affect the judicial practice the defraud the processing. In order to effectively combat fraud crimes, and to clarify the boundaries of the fraud offenses and related criminal, I think it is necessary to conduct in-depth, systematic analysis and research objective constructor defraud. First chapter briefly the objective aspect of the crime of fraud in the foreign criminal law structure analysis, a brief review of China's Criminal Law the provisions provided for in section 266 of the elements of the crime of fraud, in the comparative evaluation of 刑法理论界on the basis of the four elements and the five elements of the dispute, should agree with the five elements that, from the point of view of the interpretation of criminal law on judicial operability. The second chapter on the nature of the fraud, manifestations and extent discussed that the nature of the fraud is so that people who were fooled into or continue to maintain or strengthen the understanding of error and error based on such understanding and dispose of property; fraud content is not particularly limited, both facts also include the value of deception, both past and present facts to deceive future facts deceive; fraud in judicial practice, either as the omissions; About the extent of the fraud, the paper argues that the degree of worth to spend penalty should reach its criteria on the principle of objective criteria to be taken. Chapter III study who were fooled range and who were fooled into error problems that the people who were fooled only has the ability to understand the natural person, and focus on the machine can become deceived and victimized, and in theory is known as a controversial lawsuit fraud . The fourth chapter discusses defraud the core - the disposition, focusing on analysis of the subjective and objective aspects of the content of the sanction behavior and punishment mean necessary analysis and argumentation. Chapter obtaining property analysis and discussion of the meaning of obtaining property and obtaining property by the main problem. The sixth chapter of the \constitute fraud As identified, the paper argues that the objective value judgment finds special circumstances, become necessary to consider the subjective identification methods. The full text of about 31,000 words, including the introduction, body and conclusion.

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