Research On Several Problems Of The Crime Of Swindling By False Pretences

“Crime of swindling by false pretences” is a crime belongs to offence ofdisturbance of public order under chapter6of crime of obstructing theadministration of public order in the Criminal Law of1997. It was also documentedin the Criminal Law of1979. Since the Chinese1979’s Criminal Law wasdocumented, the charge of “Crime of swindling by false pretences” has beenfrequently applied in judicial practice, but the further theoretical study is too limited.As the question of this Crime existing too much, it needs to be study further. In thisarticle, I have done in-depth study on several problems in “Crime of swindling byfalse pretences”: objective elements, subjective elements and the difficult problemsof judicial determination，basing on the study on existing literature and combine withrelevant theory in the Criminal Law.The whole article is divided into four chapters. In order to make you have abasic understanding for the crime and pave the way for the following text, I havegenerally do some simple description of “Crime of swindling by false pretences” atfirst, including the Legislative History of the charges, the definition of the conceptof the offense and the constitutive elements of the crime.Then focus on the analysis of the objective elements and subjective elements of“Crime of swindling by false pretences”. In the objective elements of this crime, themain research is on the objective behaviors. The main appearance of this crime hastwo: one is pretending to be a government officer, including behaviors and positions.Another is trickster activities to obtain illegal benefits. Except the objective elementsof this crime, it is difficult to make a Determination of the subjective elements. In thearticle three main issues on objective elements of this crime have beendiscussed.The first is direct or indirect intention to execute this crime. The second isto identify the scope of illegal benefit, whether to include material interests, love,trust etc. The third is the wrong expression for this crime.Finally，the Problems which have happened during the judicial determination will be discussed, in order to have a more clear understanding of the crime. Itincludes the crime definition, that is how to define the fraud practice is crime or not.Also it covers the definition of pause status for the fraud practice, like to definewhen it is completed, when it is just ongoing. In addition, it will discuss thedifference between “Crime of swindling by false pretences” and racketeering orfraud. Just like threatening others by pretending to be a government officer, orpretending to be a police officer to arrest prostitution and gambling. All these crimesshall be belong to “Crime of swindling by false pretences”, not racketeering. Anycase, if suspect pretending to be an officer, the crime and the crime of fraudcoincidence, the crime shall be charge with “Crime of swindling by false pretences”.This article presents a further study on the controversial issues of “Crime ofswindling by false pretences”, in a point to make a little contribution on the crime oftheoretical research, judicial practice and legislation.