Research On Deception In The Crime Of Fraud

The determination of deceptive conduct in fraud offences should not be overly focused on formalities and typologies.Specifically,when considering deception from a substantive perspective,the following three dimensions should be focused on.Frist,there is a certain correlation between civil fraud and deception,and different views on that relationship can affect the determination of deception.Civil fraud is neither a reason to affirm deception nor to exclude deception,but the illegality of civil fraud is the premise that deception constitutes fraud.Second,act of deception is the starting point of the criminal process of fraud,and there is a highly implicated relationship between the cognition errors.To play the right role,the location of deception in the fraud system should be accurately positioned.Third,neither the division of deceit into two modes of conduct,fictitious and concealing the truth,nor the division of deceit by act or omission,is a good solution to the problem of identifying deceit.Therefore,instead of distinguishing between deception as a form of deception and deception as a form of inaction,but through the trust relationship between the perpetrator and the opposite party,the content of deception,the degree of deception three aspects to define whether the behavior of the perpetrator substantially dominated the cause of the damage caused by fraud to determine whether it constitutes an act of deception,is a more simple and common practice.