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Study on the Basic Problems of Cheating

Author: LiQiang
Tutor: XiaoZhongHua
School: Guizhou University
Course: Legal
Keywords: Fraud Constitutive Elements of Crime Fraud Amount of fraud Completion of a crime
CLC: D924.35
Type: Master's thesis
Year: 2008
Downloads: 302
Quote: 1
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Abstract


As China's economic and social development continue to move forward, greatly increased the wealth of society. China's criminal law that established a fraud against property type, designed to protect public and private property ownership. In this paper, Drawing on foreign criminal law fraud on the basis of research results, trying to combine the needs of judicial practice, it constitutes the crime of fraud and judicial difficult issues were discussed. The main contents of the following aspects: First, a brief overview civil law countries and common law countries Fraud' dissertation">Fraud Legislation Overview and legislative cases, combined with China's criminal law fraud comparing reference specific provisions, with a view from the legislative point for the further Perfection of Criminal fraud setting provides helpful to make it more scientific and reasonable. Second, to clarify the basic concepts of fraud and characteristics, and sought to clarify the various constituent elements of fraud controversy and difficulty of the Department, for fraud elements of the object, objective elements, subject and subjective elements had clearance to build a clear, concise, scientific constitute the crime of fraud. Three, with the popularity of the Internet, the information era, fraud criminal means of tricks, ever-changing forms of crime, correctly handle the amount of issues, crime issues and stop patterns guilt issues judicial practice questions that need to defraud Crime Constitution Theory and the times, to enrich and expand reasonably better achieve the original intention and purpose of the legislation. Fourth, the amount of both convicted of fraud amount, another sentencing amount. Among them, the amount of belonging fraud conviction elements of the crime category, but the amount is not part of their criminal sentencing Elements category. Decided to establish the amount of crime conviction, sentencing the amount of influence the severity of punishment. Fraud amount should be the actual perpetrator of the fraud, as measured by the value of property, rather than the other. Fraud constitutes a crime is an intentional crime stopped its existence forms the premise. Not all intentional crimes are bound to exist various forms of crime stopped. Constitute a crime due to the legal, normative, according to the provisions of the Criminal Law of fraud, I believe that China's criminal law fraud crime consummated only stop this form of a deliberate crime, and nothing else. Ill-gotten gains can be a fraud sentencing statutory circumstances. For fraud culprits (ringleader), should not Yigai aggravating. Avoid aggravating, avoid improper evaluation. \Fraud and other related crimes, legal and practical limits of judgment, when the constitution of crime in their respective characteristics as a starting point, to compare, to identify, so as to clarify the boundaries of sin and crime.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crime against property
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