The Study Of The Property Damage In The Crime Of Fraud

This paper discussed the “property damage” of the crime of fraud.Based on the “five elements of fraud” we identified "the victim property losses" as one of the objective element of the crime of fraud.In this paper we discussed the regulations and judicial interpretations of the crime of fraud in the current criminal law in China and compared it with that of other countries and regions.We then proposed the meaning of study of property loss in the crime of fraud in order to puts forward some suggestions in legislation and judicial practice.This paper argues that the existence of violation of substantive and worthy to be protected law profit is the premise to form a crime.Since the crime of fraud is stipulated in the section of the property crime of China's criminal law system,it is proper to request the existence of property losses.This paper considers the scope of "property" in the crime of fraud includes both property and property interests that manageable and transferable.Through the comparative analysis of property damage theory,we considered economic loss belongs to the category of property loss,unless the victim loss of legal interests is not enough to against the actor's rightful property claim.Finally,this paper makes a clear analysis on the scope of the property loss of the crime of fraud,such as the exemption of the contraband,the illegal reasons,and the exemption of the illegal debt.In general,the property loss is caused when the actor acquired the victims property.However,a concrete analysis the existence of a substantial loss of legal interest is necessary under special circumstances.This paper is inclined to take overall property loss to clarify "loss",in addition to calculating the total income of the victim's property,the individual factors such as the purpose of the victim's transaction also need to be taken into account.Furthermore,the determination of property loss in the case of relative payment,unilateral payment and payment of both parties is analyzed.In this paper,we summarized the property damage situation in judicial practice in the application sector,and considered that a restrictive explanation can be applied on the victim's property loss,to make it suitable to be used as the amount of fraud conviction.we then summarized the methods and standards of calculating the amount of fraud in the judicial practice,determined which category of the victim's property losses belonging to the amount of fraud,and analyzed how to deal with pre-returned property and crime cost.We further discussed the feasibility of using the amount of disposal as the amount of crime under special circumstances.We also considers the imputation of property losses and if there is consensus to distinguish crime and non-crime and determine which crime to contribute to conviction and sentence.