Research On The Difficult Problems In Judicial Determination Of Fraud

In the daily trial and procuratorial work of the judicial organs,we often encounter some difficult problems about the determination of the crime of fraud.The difficult points are often found in the process of determining the crime of fraud,such as the crime of false litigation,the crime of contract fraud,the crime of theft and other charges,which makes it difficult to accurately judge between this crime and that crime.As a result,the judgment of criminal behavior is not in line with the principle of adapting to the crime,resulting in defective cases or wrong cases,resulting in the lack of judicial credibility,and bringing practical difficulties to the judicial organs’ trial and prosecution work.This paper focuses on the judicial practice involved in the determination of various cases of fraud as the basis,select three real cases as typical cases,from the comparative analysis of the three cases to clarify the core of the crime of fraud and the understanding of the key issues,to find out the common problems or the focus of controversy in such cases,from the discussion of the subject of fraud,deal with From the definition of jurisdiction,to the substantive relationship between general law and special law,the understanding of "using contract",to the nature of illegal possession of property by means of both secret theft and deception,and the viewpoint of "disposition behavior",this paper tries to restore the core point of fraud crime from multiple angles provided by three cases,and the collision between this crime and that crime Each case will lead to two levels of problems,and in each part around the problems,and then combined with the views of the theoretical and practical circles.The collection of these issues is the general view of the full text,that is,judicial staff with disciplinary authority can be identified as the subject of fraud,and the form of contract and the interpretation of punishment behavior can also appear in general fraud crime.Combined with the full text,we can form a relatively comprehensive discussion on the difficult problems in the judicial determination of the crime of fraud.This thesis adopts the means of posteriori analysis,case study and literature research.This paper hopes that through the discussion of how to solve such problems in judicial practice under the existing legal provisions,and provide their own solutions to the relevant problems,which deals with a major action in defending the legal titles and benefits of suspects,defendants and victims.Through the structure combination of speculation and experience,we can achieve the purpose of resolving social contradictions in time and strive to achieve good social effects.It is believed that it will play a positive role in combating crimes,protecting human rights,enhancing judicial credibility and resolving social conflicts.