Research On Several Problems Of Crime Of Fraud

Crime of Fraud is a kind of ancient crime forms,which happens frequently when economic society at transition period in our country,because the objects of crime are not specified and the means of crime are varied, it causes very bad influence toward the society. This is not good for protecting the property interests of others and breaks the unite and stability of the society. Dating back to Shang Dynasty,there was rules for the crime of Fraud. Althought the name of the crime hasn’t been changed, the forms and the pattern of the crime changed, as the economy develops, socience and technology innovates,mechanics of communication upgrades, the crime of fraud became more difficult to be distinguished. China has issued the first penal code since 1979 to attack the crime of Fraud, the present criminal law and relative explanation consist of the crime of certification and penalty systerm. This attacks the crime of fraud in some extent, but the present criminal rules for crime of fraud are indistinct and the forms change all the time, it makes the distinguishing problem more difficult, which goes against forming unified standard for attack the crime of fraud and goes against punishing the crime and protecting human rights. The author studies on the crime of fraud, analyses the relative issues of this crime, with finding the inperfection of the crime of fraud, and makes suggestion of my own thinking and view,hoping to perfect the criminal rules and systerm development.According to the requests of article length and discussion,5 parts as follows:Part 1 is introduction, mainly discuss about the studying background and meaning, summarize the crime rules and scholar theory, introduce the main content and studying methods.Part 2 is to summarize the crime of fraud, to describe the concept, conponents and characteristics, and to know the problems of the crime of fraud.Part 3 for several problems of fraud indentification, discussing "false fact, truth concealing", victim’s free will and omission;basing on learning and analysing relative points of view, Author expressed some thinkings, in order to identify the crime of fraud in juridical practice.Part 4 for special types of fraud, to analyse the easily confused financial crime of fraud, credit card fraud crime,contract fraud, loanning fraud,and insurance fraud crimes,to discuss the differences and similarity among them.Part 5 for the perfection of the criminal laws, mainly aiming at the problems in fraud, suggesting perfection counter measures from the conviction standard, Charge indication and legally prescribed punishment.