Judicial Determination Of Fraud

The theoretical study of fraud has a great guiding effect on the practical work of fraud,and has been paid much attention to.Especially after the promulgation of the criminal law in 1997,the theoretical research on the crime of fraud has reached a climax,which makes the theory of the crime of fraud reach a higher level.But even so,we still need to further improve the theoretical research height and depth of fraud,and further strengthen the theoretical research of fraud.Therefore,this paper takes "Geng’s case of fraud" as an example,through sorting out the focus of controversy,focusing on the analysis of the common difficulties in the judicial determination of fraud,in order to inspire the relevant theoretical research.This paper consists of four parts besides acknowledgment.The third and fourth chapters are the key chapters.The first part: the introduction of the case.This paper briefly introduces the basic case of Geng’s fraud.The second part: the focus of controversy.Put forward the focus of controversy,including: whether Geng has carried out deception;whether Geng has the purpose of illegal possession;whether Geng’s behavior has caused actual loss.Then the focus of the dispute is further clarified through the different opinions of the three parties.The third part: legal analysis.This part of the crime of fraud Geng involved in the theory of a detailed discussion.It mainly includes three aspects: deception,purpose of illegal possession and property loss.Identification of deception.This paper mainly discusses the subject,essence,content and method of deception,and distinguishes deception from general deception and theft.Determination of the purpose of illegal possession.First of all,it explains the necessity of the purpose of illegal possession,then analyzes the specific connotation of the purpose of illegal possession,and finally analyzes the content,identification method and identification time of the purpose of illegal possession.Determination of property loss.It is divided into two parts: the identification of property and the identification of loss.The fourth part: the conclusion and Enlightenment of this case.Combined with the theoretical analysis of the conclusion of Geng’s case,and put forward the enlightenment.