The Legal Interest Trespassed Against And Target Of Crime In Crime Of Swindling

The systematic and veracious cognition of legal interest of criminal law serves as a premise for us to grasp the legal interest of crime of swindling and its target. This paper begins with the basic theory of legal interest of crime of swindling and points out that the legal interest of crime of swindling should be protected by the criminal law. A comparison between the legal interest of criminal law and object of crime follows directly. Then the author, on the ground of an analysis of the various doctrines about the legal interest of crime of swindling, points out that in the new situation the legal interest of crime of swindling includes not only the legal interest of public and private property, but the security and order of society and national finance and management; that legal interest of property covers the petition and possession of property as well as proprietary right of property. Moreover, from the visual angle of social contract, the author argues that the target of chicane covers interest of property as well. Whereas the close relationship between legal interest and target of crime of swindling, the author combines and compares the two and probes into the guilty-or-innocent nature of some special cases of chicane. At last, the author focuses upon the problem about how to ascertain the cheats of the fictitious property on the internet in the hope of offering reference for judicial practices.