Legal Analysis Of A Case On Defendant Huang's Fraud Crime

In the socialist market economy transformation period, fraud crime occurs frequently and its form diversifies. Among the forms of fraud, the fraud by anesthesia and gambling is very particular. Identifying the case is not easy because the feason's objective behavior and means behavior alternates. And the imperfect legislation and different theories make it more difficult.In order to indentify the case accurately it is necessary to make a legal analysis.This paper will study some legal issues involved in a case on defendant huang's fraud crime. In order to implement the fraud behavior, the feasons resort to anesthesia and gambling. The three behaviors make opinions towards the case range from robbery crime, gambling crime and fraud crime. The analysis of this case will study two issues as follows:how to identify the behaviors of anesthesia, gambling and fraud,and how to identify the behavior of dun.The study on the first issue is individed into three parts:Refuting the opinion that holds Huang etc commit robbery will be expounded from the behavior's nature,purpose and strength which is called other behavior of robbery;The opinion holds Huang etc commit gambling will be refuted from gambling characteristics, gathered people gambling,and making a living by gambling.It also corrects the misunderstanding of the Rescriptums on gambling given by The supreme people's court; The opinion asserts Huang etc commit fraud will be demonstrated from The Crime constitution of fraud. As to the solution of the sceond issue,it is how to identify the behavior of dun,the key points lie in making clear that whether property interests is the target of fraud and how to set a standard that the frauds has accomplished.And the author argues that the behavior of dun is the continuation of fraud on the basis of expounding the two issues.The author combines the theory with facts closely when analysing the case.Starting from facts of the case,and then disscussing the theory issues involved in the case to achieve the purpose about indentify the behavior accurately.The author hopes that it is beneficial for understanding the theory issues related to the case and solving the problem about identifying the case.