The Nature And Processing Of "Serial Fraud"

Serial fraud refers to a new type of fraud that the perpetrator implements the first act of deception to obtain the property and then implements the second fraud.The judicial practice has a great deal of disputes on the handling of such cases.Through analysis of typical cases,found that the focus of dispute mainly for: number a sin or number of crimes: the relationship between several crimes: implicated offense or serial offender,etc.The dispute of one crime or several crimes is essentially a dispute between the identification of the victim’s property loss,the application of the unpunished behavior after the fact,and the boundary between civil fraud and fraud.In view of the above disputes,this paper discusses it from the Angle of the basic theory of fraud.The determination of the victim’s property loss.The crime of fraud belongs to property crime,and "property loss" belongs to the essential elements of the crime of fraud.In the loss of property,"property" is considered to be a "in the middle",defined as economic value,and not the interests of the disapproval by legal order.The determination of "loss" in the loss of property should adopt the "substantial individual property loss",and judge whether there are individual legal person property losses from the Angle of legal interest infringement.The loss of property should be determined at the time of the act,not to consider the pursuit of the stolen goods and the mortgage rights.However,the after-event punishment is regarded as an important theory to solve the problem of the number of crimes,which is mainly applicable to the existence of a certain extension of the fore-and-aft action,and the fact that the back behavior and the previous behavioral damage have identity.Analysis of fraud and civil fraud.The relationship between the civil fraud and the fraud is the general and special relationship.The key to the transformation of the civil fraud to the fraud is whether the actor has the "illegal possession purpose".For the relationship between the two,civil liability and criminal responsibility belong to different evaluation system,which applies to different constitutive requirements and proof standards.The evaluation of both should be carried out independently.In addition,"the purpose of illegal possession" of time shall be the person to implement fraud,specific ability of cognizance should from the actor’s performance,and the evaluation of the performance of mean.The relationship between the crimes of serial fraud.From the perspective of "subjectively speaking" and "typification",where exists the relation between the behavior of typification and the behavior of destination in the behavior of the actor,which is consistent with the constitution of the implicated offense,and the offender should be punished according to the implication.The essence of the implicated offense lies in the relation between several crimes,and the crime is only the external characteristic,not the basis of identification.If only because of behavior before and after breaking the same charges,punish the serial offender on the serial offender,which will punish offender on the serial offender to the same connection relations,but for different implications for relations choose a heavier punishment.The apply of fraud or contract fraud in "serial fraud".From the perspective of system interpretation,the crime of contract fraud infringes on the dual legal benefits,namely,the socialist market order and the ownership of public and private property,while the crime of fraud infringes on the ownership of public and private property.From the perspective of legal interests,the definition of "contract" in the crime of fraud of the contract should be in reference to "contract law",and whether it disturbed the market.There are other controversies about "serial fraud" in the academic circle such as breach of duty and property interests.In this paper,it is considered that omission can be used as a crime of fraud,and the obligation of disclosure is derived from trading habits and rules,and the behavior of the actor to conceal the real source of the guaranty violates the obligation of the guarantor.Property interests are closely related to the narrow sense of property,and the loss of property interests will directly or indirectly cause the loss of narrow sense of property.It is also a realistic demand of judicial practice to expand the interpretation of property to contain the property interests of property crimes.To sum up,this paper considers that the behavior of the actor in "serial fraud" is a crime of contract fraud or fraud.The relation between several crimes belongs to the connected relationship and should be punished according to the serious crime.The application of the crime of contract fraud should judge whether its action infringes on the order of socialist market economy and whether it occurs in the process of signing or executing the contract.