Judicial Determination Of Fraudulent Property Interests

The crime of fraud,as a traditional crime in China,has undergone constant changes in its constituent elements with the development of society,mainly reflected in the criminal object.Simply believing that traditional property is the object of its crime can no longer meet practical needs,and the continuous emergence of many emerging properties has led to the gradual emergence of the concept of property benefits in the field of vision of theoretical and practical circles.The current criminal laws and regulations have not clearly stipulated the identification method and scope of property interests.Through analysis,the author believes that through a reasonable expansion of interpretation,property interests can be interpreted as a juxtaposition of narrow property concepts,which belong to the scope of property.At the same time,the author has also conducted a more detailed analysis of the value determination and cost deduction of property interests and other criminal amount issues,striving to more uniformly and accurately handle the identification of property interests in the crime of fraud at the judicial level.The first part is an introduction.Including the research status,significance,research methods,and innovations of this article.The second part is a brief introduction to the case and the focus of controversy.The facts of the case were introduced,and the existing focus of controversy was summarized.In this case,there are mainly two controversial focuses: 1.Whether telephone fee points can become the criminal object of the crime of fraud,including whether property interests can become the criminal object of the crime of fraud,and whether the points belong to property interests.How to determine the amount of fraud and sentencing in this case,including how to determine the value of points and whether to deduct criminal costs when defrauding property interests.The third part is the case analysis.This section mainly discusses the constituent elements of the fraud crime and the theory and judicial practice related to property interests based on the case of Lv and Liu points fraud.First of all,Lv and Liu resorted to making up facts and concealing the truth to defraud others of their money by making phone calls and using cheap gifts to defraud mobile users of their points in exchange for electronic vouchers to cash out.The act of especially large amounts constitutes a crime of fraud.In this case,the biggest difficulty in determining whether the crime of fraud constitutes a crime of fraud lies in whether the points can become the object of the crime of fraud.This article believes that the telephone fee points can be exchanged for gifts such as electronic vouchers in the exchange mall,which has economic value for the victim and has the possibility of management and exclusiveness in their own accounts.The defendant’s fraud of the victim’s points belongs to causing them to suffer economic losses,thus meeting the basic characteristics of property interests.At the same time,the criminal object of the crime of infringing on property in our country should include property interests.Regardless of the spirit of current criminal legislation and judicial interpretation,it can be concluded that property interests should be the criminal object of the crime of fraud.Therefore,points in this article can be used as the object of fraud.In addition,in terms of the value of points and crime costs,it is also believed that there is no need to conduct price appraisal when the official pricing is reasonable.Low cost gifts do not meet the conditions of subjective value to victims in the deductible crime costs,and should not be deducted from the crime amount.The fourth part is thinking and suggestions.This section first proposes concrete and feasible suggestions for improving the legislative protection of property interests in China,arguing that some legal provisions can be amended and corresponding judicial interpretations added,while guiding cases can be introduced to provide judicial authorities with more accurate identification and adjudication of cases related to property interests.Secondly,it analyzes and considers the other two special types of property interests,and believes that cheating in prostitution belongs to illegal interests,which do not belong to fraudulent property interests.In the case of delayed performance of debts,it is necessary to discuss the situation according to the situation.If the loss of economic value is caused,it can be recognized as fraudulent property interests.Otherwise,in order to ensure the modesty of criminal law,the victim can only provide relief and compensation through civil law.