Question

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根据以上立法规定，英美法认为构成欺诈需要具备以下条件：
（一）必须有欺诈行为
所谓欺诈行为，就是能使被欺诈人陷于错误、加深错误或保持错误的行为。它通常表现为欺诈人故意陈述虚伪的事实，有时也表现为故意隐瞒真实情况。欺诈行为是一种不真实的意思表示，即使行为人认为这种陈述是错误的，如果事实上这种陈述是真实的，行为人就不构成此罪，尽管行为人可能要对试图欺诈承担责任。对于哪些错误陈述属于欺诈性的，英国法采用主观标准，即判断误述人是否明知其陈述的虚假性不是取决于正常人在合理条件下应该知悉，而是取决于误述人实际上如何理解其陈述。这种欺诈可以通过言语或通过行为方式作出，可以明示或暗示。“但欺诈不包括行为人对无经济意义的事项的虚假陈述，或者不存在欺诈听众中的一般人的可能性而进行的夸耀。”
（二）行为人取得属于他人的财产或财产性利益
财产包括动产和不动产。英国 1968 年《盗窃罪法》第 15 条第 1 款中“财产”的概念类似于盗窃罪中“财产”概念。第 15 条第 2 款中“取得”意思是获得财产的所有权、占有权以及事实上的支配。只要满足了欺诈罪的构成要件，即使一个财产的所有者从该财产的占有者手中以欺骗的方式取得该财产也构成欺诈罪。例如，一个人将自己的汽车放在一家维修厂维修，为了不付修理费，该人谎称自己急于送妻子去医院而将车开走，此人构成第 15 条的欺诈罪。
英国 1968 年《盗窃罪法》第 15 条第 2 款规定：“所谓‘取得财产’是指对财产所有权、占有权的取得或事实上的支配，这种 ‘取得’包括行为人自己取得或使他人取得或维持。”因此，需要说明的是“取得财产”并不意味着犯罪嫌疑人事实上一定会取得财产，很可能其他人最终获得了财产。也就是说，欺诈罪中财产的获得可以是行为人自己获得，也可以因行为人的欺诈行为使第三人获得，犯罪嫌疑人仍然可能构成欺诈罪。
（三）具有因果关系
欺诈行为和取得他人财产之间一定具有某种因果关系。即由于犯罪嫌疑人做出欺诈行为而取得他人的财产。因果关系有两层涵义：一是欺诈行为发生在财产取得之前。如果欺诈行为发生在财产取得滞后，则不构成欺诈罪。例如，一个人在加油站要求加油，加完油后，他跟加油站工作人员说他是他老板用车，油钱应该加在他老板的帐上。此人被指控犯了欺诈罪。但此项指控在上诉中被取消了，法官认为行为人的欺诈行为是发生在取得财产之后，因此构成英国1978年《盗窃罪法》第2条中的“盗窃罪”而不是“欺诈罪”。二是必须证明这种欺诈是有效的，被害人事实上上当受骗了。如果被害人并非依赖于犯罪嫌疑人的虚假陈述，而是以自身的观察判断或者其他途径，得出同一的错误结论，这时候就不具有因果关系。
（四）具有欺诈的故意
英美刑法要求欺诈罪的成立要求行为人主观上必须是“预谋（deliberate）”或者“轻率(reckless)”的。英国1968年《盗窃罪法》第15条欺诈罪要求行为人主观上必须具有犯罪故意。英美刑法对欺诈罪行为人的主观要求还有必须是不诚实的和具有非法剥夺他人财产权的意图。也就是说，如果行为人知道自己所说的事实不是真实的，行为人就是可归责的。
英国1968年《盗窃罪法》第15条第1款规定：“以永久性剥夺他人财产的意图，通过欺骗方法不诚实地取得属于他人的财物的，处十年以下监禁”。
请勿用翻译机，尽量多用法律英语的术语。O(∩_∩)O谢谢

Answer 1

According to the above lawmaking provision, British and American methods think that the composing cheats to need to have the following condition:
( One)Must cheat the behavior
So-called cheat the behavior, be can make to be cheat the person sinks in the mistake and deepens the mistake or keeps the mistake of behavior.It usually expresses in order to cheat the person to illustrate the fact of the false intentionally, sometimes also express for conceal the true circumstance intentionally.Cheat the behavior is a kind of not real meaning to mean, even behavior the person thinks that this kind of statement is false, if in fact this kind of statement is true, behavior the person does not constitute this offense, though behavior the person may cheat to undertake the responsibility towards try.For which misstatements belong to cheat sex of, subjective standard of British method adoption, then the judgment mistake says whether person know perfectly well or not the deceitful that it illustrate is not to be decided by the normal person to should know under the condition of reasonable, but be decided by the mistake to say the person actually how comprehend its statement.This kind of cheats and can pass speech or pass the behavior method to make, can with clearly show or allusion." But cheat and don't include the behavior person to have no the deceitful statement of the items of economic meaning, or the nonentity cheats the possibility of the ordinary people in the audience but carries on of vaunt."
( Two)The person of the behavior obtains the property or the property benefits of belong to the others
The property includes the movable property and real estates.England 1968 《 the thieves and burglars offense method 》 a Section 1 in the concept of" property" is similar in thieves and burglars" property" concept in offense.It" obtain" the meaning in a Section 2s is an ownership, the occupancy power that acquires the property and in fact of domination.As long as satisfied to cheat the composing important item of the offense, even a proprietor of property from obtain that property to also constitute to cheat the offense in beguiling way in the occupant hand of that property.For example, a person put own automobile at a the maintain the factory to maintain, to not pay to fix the fee, that person lies that the oneself is eager to send the wife to go to the hospital but drive away car, the this person composing Article 15s cheat the offense.
England 1968 《 the thieves and burglars offense method 》 a the 2 provision:" So-called' obtain the property' mean to obtain to the property rights, the occupancy power or in fact of domination, this kind of' obtain' include the behavior person's oneself obtains or makes others obtain or maintains." Therefore, what to need to be explain is"s obtain the property" not to mean the crime that the suspect person in fact would certainly obtain the property, the very possible others were end to acquire the property.Also is to say, cheat the property in offense acquires and can be a behavior person's oneself acquire, also can because of behavior the person cheats the behavior to make the third people acquire, commit crime the suspect person still may constitute to cheat the offense.
( Three)Have the cause and effect relation
Cheat the behavior and obtain of the others property to certainly have some sow the cause the fruit relation.Namely because of commit crime the suspect person does to cheat the behavior but obtain the property of the others.The cause and effect relation contain two layer connotations:One is to cheat the behavior occurrence at the property obtain before.If cheat the behavior occurrence after property obtain 滞 , then don't constitute to cheat the offense.For example, a person requests to encourage in the gas station, after encouraging, he with gas station the staff member says that he is his boss to use the car, the oil money should impose his boss' debt up.Was this person to be accuse to make to cheat the offense.But this accuse to be canceled in the resort, the judge thinks the behavior the person cheats the behavior is an occurrence after obtain property, so constitute 1978 of England 《 the thieves and burglars offense method 》 " thieves and burglars offense" in Article 2s but is not" cheat the offense".Two is to must prove that this kind of cheat to is valid, the victim in fact fell into trap to cheat.If the victim is depend on in the deceitful statement of commit crime the suspect person not, but with the observation judgment of the oneself or other path, get a same mistake conclusion, by this time not have the cause and effect relation.
( Four)Have to cheat intentionally
British and American penal code requests to cheat the offense to establish to request the behavior the person is subjective to must be to" premeditate( deliberate)" up or" light-minded( reckless)".England 1968 《 thieves and burglars the offense method 》 Article 15s cheat the offense to request the subjective top of person of behavior and must have the crime intentionally.British and American penal code has intention of the illegal deprival others property right towards cheating the subjective request of the criminal acts behavior to still must be the insincerity of and.Also is to say, if behavior the fact that person knows the oneself is not true, behavior the person is to return the responsibility.
England 1968 《 the thieves and burglars offense method 》 a the 1 provision:" With permanent sex deprives intention of the others property, passing the beguilement method obtain the wealth and properties of belong to the others dishonestly of, a 10-year following throw into prison".

Answer 2

According to the above legislation, common law fraud requires that constitute the following conditions:
(A) must be a fraud
The so-called fraud is fraud, people can be caught in error, enhance or maintain the wrong behavior of the error. It usually presents fraud, false statement of fact intentionally, sometimes expressed as deliberately concealing the true situation. Fraud is a false meaning that even if the perpetrators think this statement is wrong, if in fact this statement is true, the perpetrator does not constitute the crime, although the perpetrator may be responsible for trying to fraud . For what is fraudulent misrepresentation, a subjective standard of English law, namely, to determine whether the knowing misrepresentation the falsity of the statement is not dependent on normal people should be aware of in a reasonable condition, but on how people actually understand the misrepresentation their statements. This fraud can be made by words or by behavior, may be express or implied. "But the perpetrator of the fraud does not include matters of no economic significance of the false statements or fraud in the audience does not exist the possibility of a general who carried out the boast."
(B) of the act to obtain property belonging to another person or property interests
Property, including movable and immovable property. United Kingdom 1968 "Theft Law" Article 15, paragraph 1, of "property" concept similar to the theft of "property" concept. Article 15, paragraph 2, "acquire" means the acquisition of property ownership, possession and the fact that domination. As long as elements of the crime of fraud, even if the owner of a property from the hands of the possession of the property obtained by deception the property also constitutes fraud. For example, a person will own a car on a repair shop for maintenance, in order not to pay the cost of repair, the person pretended to be eager to send his wife to the hospital and drive the truck away, who constitute the fraud section 15.
United Kingdom 1968 "Theft Law" Article 15, paragraph 2: "The so-called 'obtaining property' means property ownership, acquisition or possession de facto domination, this 'get', including the perpetrator to obtain or make their own others to obtain or maintain. "Therefore, a description is" obtaining property "does not mean the suspect will be a property of matter of fact, it is likely that other people end up the property. That is, the acquisition of property fraud perpetrator can be obtained yourself, who can also act of fraud by third party who obtained the suspect may still constitute fraud.
(C) a causal relationship
Fraud and obtaining property of another must have some causal relationship between. That made the fraud suspects obtained the property of others. Causal relationship has two meanings: First, fraud in the property achieved before. If fraud occurred in the property achieved lag, does not constitute fraud. For example, a person required in the gas station refueling After filling the tank, with the station staff said he was his boss, his car, the oil money should be added to his boss's account. The man was accused of fraud. But this allegation was canceled in the appeal, the judge considered the perpetrator of the fraud occurred after obtaining the property, thus constituting the United Kingdom in 1978, "Theft Act" in section 2 of the "theft" rather than "fraud" . The second is to prove that fraud is effective, the victim in fact cheated. If the victim does not rely on the false statements of criminal suspects, but to observe their own judgments, or other means, the error reached the same conclusion, not a causal relationship at this time.
(D) a deliberate fraud
Anglo-American criminal law requires the establishment of fraud requires that the perpetrator must be subjectively "intended (deliberate)" or "reckless (reckless)" of. United Kingdom 1968 "Theft Law" Article 15 requires that the perpetrator of fraud must have criminal intent subjective. Anglo-American criminal law fraud requirements of man's subjective and there must be dishonest with the intention of illegally depriving others of property rights. That is, if the perpetrator was aware of the fact that what he said is not true, the perpetrator is attributable to the.
United Kingdom 1968 "Theft Law" Article 15, paragraph 1: "to the intention of permanently depriving the other of property, dishonestly obtaining by deception method of property belonging to others, at ten years imprisonment."

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Answer 3

According to the above legislation, common law fraud requires that constitute the following conditions:
(A) must be a fraud
The so-called fraud is fraud, people can be caught in error, enhance or maintain the wrong behavior of the error. It usually presents fraud, false statement of fact intentionally, sometimes expressed as deliberately concealing the true situation. Fraud is a false meaning that even if the perpetrators think this statement is wrong, if in fact this statement is true, the perpetrator does not constitute the crime, although the perpetrator may be responsible for trying to fraud . For what is fraudulent misrepresentation, a subjective standard of English law, namely, to determine whether the knowing misrepresentation the falsity of the statement is not dependent on normal people should be aware of in a reasonable condition, but on how people actually understand the misrepresentation their statements. This fraud can be made by words or by behavior, may be express or implied. "But the perpetrator of the fraud does not include matters of no economic significance of the false statements or fraud in the audience does not exist the possibility of a general who carried out the boast."
(B) of the act to obtain property belonging to another person or property interests
Property, including movable and immovable property. United Kingdom 1968 "Theft Law" Article 15, paragraph 1, of "property" concept similar to the theft of "property" concept. Article 15, paragraph 2, "acquire" means the acquisition of property ownership, possession and the fact that domination. As long as elements of the crime of fraud, even if the owner of a property from the hands of the possession of the property obtained by deception the property also constitutes fraud. For example, a person will own a car on a repair shop for maintenance, in order not to pay the cost of repair, the person pretended to be eager to send his wife to the hospital and drive the truck away, who constitute the fraud section 15.
United Kingdom 1968 "Theft Law" Article 15, paragraph 2: "The so-called 'obtaining property' means property ownership, acquisition or possession de facto domination, this 'get', including the perpetrator to obtain or make their own others to obtain or maintain. "Therefore, a description is" obtaining property "does not mean the suspect will be a property of matter of fact, it is likely that other people end up the property. That is, the acquisition of property fraud perpetrator can be obtained yourself, who can also act of fraud by third party who obtained the suspect may still constitute fraud.
(C) a causal relationship
Fraud and obtaining property of another must have some causal relationship between. That made the fraud suspects obtained the property of others. Causal relationship has two meanings: First, fraud in the property achieved before. If fraud occurred in the property achieved lag, does not constitute fraud. For example, a person required in the gas station refueling After filling the tank, with the station staff said he was his boss, his car, the oil money should be added to his boss's account. The man was accused of fraud. But this allegation was canceled in the appeal, the judge considered the perpetrator of the fraud occurred after obtaining the property, thus constituting the United Kingdom in 1978, "Theft Act" in section 2 of the "theft" rather than "fraud" . The second is to prove that fraud is effective, the victim in fact cheated. If the victim does not rely on the false statements of criminal suspects, but to observe their own judgments, or other means, the error reached the same conclusion, not a causal relationship at this time.
(D) a deliberate fraud
Anglo-American criminal law requires the establishment of fraud requires that the perpetrator must be subjectively "intended (deliberate)" or "reckless (reckless)" of. United Kingdom 1968 "Theft Law" Article 15 requires that the perpetrator of fraud must have criminal intent subjective. Anglo-American criminal law fraud requirements of man's subjective and there must be dishonest with the intention of illegally depriving others of property rights. That is, if the perpetrator was aware of the fact that what he said is not true, the perpetrator is attributable to the.
United Kingdom 1968 "Theft Law" Article 15, paragraph 1: "to the intention of permanently depriving the other of property, dishonestly obtaining by deception method of property belonging to others, at ten years imprisonment."

Answer 4

According to above, the common law legislation that constitutes fraud need meet the following requirements:
(a) must have a fraud
Alleged fraud, which is able to make QiZhaRen Mired in error by, deepen error or keeping wrongdoing. It often appears to QiZhaRen intentionally statements false facts, sometimes performance for intentionally hide the actual situation. Fraud is not a true meaning says even if offender think this statement is wrong, if in fact this statement is true, actor will not constitute a crime, the offender may be trying to despite fraud assume responsibility. For what wrong statement belong to fraudulently, English law adopted subjective standard, namely the judgment substantial misrepresentation person whether knowing their presentation of falsity does not depend on normal in reasonable condition should be aware, but on the substantial misrepresentation actually how to understand its statement. This fraud with verbal or through behavior way to make, can express or implied. "But fraud not including zeal for the matters without economic significance, false statement fraud or does not exist to the general audience the possibility of the glory."