Analysis On The Defraud Crime Of Zhang Wenzhong

With the ahead development of China’s economic,social constantly and rapidly,the wealth of society is greatly increased. Section266of the Criminal Law of China specially set up to the crime of defraud—crimes against property, aimed at protecting the public and private property ownership. The concept of defraud is almost uniform, the behavior that for the purpose of the illegal possession, fictional facts or hiding the truth, to defraud the relatively large amounts of public and private property.Although the Criminal Law has specifically set out, a lot of controversy and differences produced in the process of identifying to defraud. Correctly identified the main body of the Corruption Crime is critical to conviction and sentencing of the crime.The article start by Zhang Wenzhong-fraud cases,first summarized the basic situation and the outcome of the trial in the case,then point out the three parties of the control,the defense and the judge in the case identified that exists the controversy and major differences. Subsequently focusing on these three questions to start to analyze: First, elaborated the constituent elements and mutual relations of the objective aspect in the fraud crime,detailed analysis of whether the case with these elements,the fact that the existence of fraud.Second, explained the definition of Unit Crime, put forward different views exist in recognizing, combined with the case to analyze, study on whether the accused belong to the unit crime.Third, analysis of the punishment characteristics and the specific forms of the fraud implemented by the unit in China,identified the problem whether shall be investigated for criminal responsibility of the unit executives to the fraud crime.Finally, through carries on the evaluation to the court decision reason, leads to the main problems which in the crime of defraud exists, and for reflection and improvement of the criminal subject, is for the purpose of to speeding up the related legislation advancement to provide a useful reference.