Study On The Law Applicability Of Fraud Crime

Epidemic-related fraud crime refers to the fraud of public or private property in the name of developing,producing or selling epidemic prevention supplies,which amounts to a large amount during the epidemic prevention and control period.Epidemic-related fraud occurs in a special period,and the legal interests it infringes are different from those in the general period.The objective manifestations of the crime are also difficult to distinguish from some civil activities due to the occurrence of the epidemic situation,such as a large number of force majeure and contract breach,and the status of the constitutive elements of the crime with the purpose of illegal possession is ignored.Judicial discretion,"epidemic fraud" circumstances of the treatment of a variety of,the statutory and discretionary severity is not divided,the amount of fraud is also identified as a general problem.This paper based on the empirical analysis of epidemic related fraud crimes,combined with criminal law theory and the special background of The Times,the intention of exploring the special period of fraud crime governance methods and further put forward suggestions for improvement.First of all,349 epidemic related fraud cases were analyzed,and the general characteristics and existing problems were abstracted through the study of various epidemic related fraud cases in practice.Epidemia-related fraud mainly occurred in Guangdong,Zhejiang,Fujian and other developed coastal areas,showing a trend of development from the eastern coast to the central and western regions.In terms of the main body of the crime,the perpetrators are mainly low-income and low-education migrant workers working in rural youth group,which is different from the traditional organized telecom and network fraud.Objectively,the main mode of crime is that the perpetrator releases false information about selling masks through his own instant messaging tool,and defrauds the victim of money by refusing to deliver the money after receiving the payment from the victim.The crime means are simple and the method is simple,and it is not difficult to detect.In terms of sentencing,mainly through the analysis of the application of severe punishment and the determination of the amount of fraud in the case data,it is found that there are some problems such as the confusion of the application of severe punishment and the generalization of the determination of the amount of fraud in the justice of the cases of epidemic related fraud.Secondly,on the basis of empirical analysis,combined with relevant regulations and theories to analyze the epidemic fraud crime cases,providing theoretical support for further exploring the legal countermeasures of epidemic fraud crime governance.Due to the epidemic period,there are a lot of uncertain and uncontrollable factors in civil activities,and the boundary of civil punishment is further blurred in epidemic fraud crime.This paper starts with the constitutive elements of the crime of illegal possession purpose and starts with the basis of "justification based on contract" to analyze the differences between contract breach,force majeure and illegal possession purpose.Secondly,in terms of the application of heavier punishment for "epidemic fraud",the legal basis of heavier punishment lies in the incidental obstruction to the epidemic prevention and control order.The application of statutory heavier punishment is the unity of formal and substantive interpretation,and its specific application should be carried out in combination with the semantic category and legal interest protection.Finally,the determination of the amount of fraud in the epidemic related fraud crime should adhere to the actual loss as the standard,and take into account whether the purpose of the transaction has been realized for judgment.The amount of refund and compensation before the crime cannot all be deducted in the determination of the amount of fraud,and the amount of refund and compensation before the crime should be discussed in combination with specific cases.Finally,combined with the results of the above empirical analysis and theoretical analysis,in the exploration of the method of accurate application of law,this paper suggests that we should return to the constitutive elements of the crime,identify the purpose of illegal possession by strict interpretation,and determine the boundary of civil punishment on the basis of whether there is a real and legal contract.The application of statutory leniency and discretionary leniency should be the result of the unification of formal and substantive interpretation,and both of them should reflect the protection of legal interests under the norms.The determination of the amount of fraud should be precisely determined according to the standard of substantial loss,and the treatment of the amount of refund and compensation before the crime should be combined with the criminal form and the process of the crime.