| The article discusses the crime of swindling which is one of the crimes of encroachment upon property. Firstly, the article elucidates the basic definition of the swindling crime, the constitutive elements of the crime and other overseas and domestic relative theories of the crime, and also briefly introduces our legislation of the swindling crime. Secondly, the article lays emphasis on expounding the constitutive elements of the crime. The author in this article holds that Danwei cannot be the subject of the crime and that indirect intention of subjective aspects cannot compose the crime of swindling, and also pays close attention to the factor beyond subjective aspects the purpose. Finally, the article ends with comparing the crime of swindling with other relative crimes. |
