借贷型诈骗司法认定——以王某借款诈骗案为例.pdfVIP

Abstract Fraud ,a very common charge in the process of judicial handling cases in our countries, means an act of using deception to cheat the large amount of public and private property for the purpose of illegal possession. In China, with the development of socialist market economy, social relations have become increasingly complex and diversified, which makes fraud more diverse and more secret, also brings new challenges to the judicial determination of fraud. Especially for the borrowing type of fraud, This type of fraud has ‘IOU’, part of return behavior, even ‘guaranteeing’. Due to the different understanding of theory and price, different people have different opinions on its judicial determination. These different opinions are mainly in the whether the act constitutes a crime, contractual fraud, fund-raising fraud or ordinary fraud, how to identify the amount of fraud , the effectiveness of the victim promise, etc. This paper have several hot issues of borrowing type of fraud as the main framework, combined with the analysis of a hard case which I have dealt with. This paper, about 20,000 words, analyzes the case of Wang fraud, lead to several hot issues needed to be discussed in our judicial practice, and try to put forward views and suggestions on related issues. Part I, Induction of this case. This paper analyzes one borrowing type of fraud case. Through a brief introduction of Wang fraud case, then introduce the different opinions and reasons in the course of legal proceedings, and refine the focuses of controversy, which include that act of Wang is folk loan dispute or have purpose of illegal possession, the act of Wang is simple seizure of property or disrupt the order of market economic. The focuses also contain the cheating amount is the amount given by the victim or Wang actually got, whether consent of the v