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论诈骗罪的认定
学生：李承宇 指导老师：陈丽
摘要：
目前犯罪行为的近似，使很多犯罪行为难以定性。本文通过四个方面进行论友述：首先划清合同诈骗罪与民事欺诈行为的界限，民事欺诈行为的当事人采取欺骗手法，旨在使相对人产生错误认识，做出有利于自己的法律行为，然后通过双方履行该法律行为谋取一定的“非法利益”，其实质是牟利；而合同诈骗罪虽然客观上可引起他人一定民事法律行为的“意思表示”，但行为人并没有承担约定民事义务的诚意，而是只想使对方履行那个根本不存在的民事法律关系的“单方义务”，直接非法占有对方财物。因此，可以得出结论：合同诈骗罪是以直接非法占有公私财物为故意内容，而民事欺诈则是通过双方履约来间接获取非法财产利益。二、划清合同诈骗罪与合同纠纷的界限，界限的关键是行为人的主观目的，行为人是以骗取财物为目的，还是通过履行约定的民事法律行为而获得经济利益。而要判断行为人的主观目的，必须从是否具有履行合同的能为、是否采取欺骗手段以及履行合同的行为，违约后的表现等几方面进行判断。三、区分诈骗罪和盗窃罪，财产损失是否是被害人处分财产的行为所导致的，这是区分诈骗罪的关键。通过对若干案例的分析以及对几种犯罪行为客观方面的比较，认为几种犯罪行为的区别在于：财产损失是否是被害人处分财产的结果。如果被害人最终的财产损失是由于自己的处分行为，则行为人构成诈骗罪，反之亦然。
诈骗罪，是指以非法占有为目的，使用虚构事实或者隐瞒真相的方法，骗取数额较大的公私财物的行为。通常认为，该罪的基本构造为：行为人以不法所有为目的实施欺诈行为→被害人产生错误认识→被害人基于错误认识处分财产→行为人取得财产→被害人受到财产上的损失。
关键词：诈骗罪 划清界限 结论 定义 区别

Answer 1

Identification of Fraud
Student: Li Chengyu Instructor: Chen Li
Abstract:
Similar to the current crime, criminal behavior is difficult for many qualitative. This article on the Friends of the above four aspects: First, draw a contract fraud and the boundaries of civil fraud, civil fraud action by the parties deception designed to make a wrong understanding of the relative who made a legal act in their favor, Then both sides will seek to comply with the legal acts of the "illegal profits", and its essence is profit; and Contract Fraud While some objective can lead to civil legal acts of others, "intention", but the perpetrator does not assume civil obligations in contract sincere, but just want to make the other side that does not exist to fulfill the civil legal relationship, "unilateral obligations", the illegal possession of other property directly. Therefore, it can be concluded: Contract fraud is the illegal possession of public or private property as a direct intentional content, and civil fraud is the performance of both parties to indirect access through illegal property interests. Second, draw a contract fraud and contract disputes, boundaries, limits, the key is the subjective purpose of the perpetrator, the perpetrator is the purpose of obtaining by deception, or through civil legal action to fulfill a contractual and economic benefits. To judge the subjective purpose of the perpetrator, must be whether the performance of the contract can, and whether to take the deception and the performance of the contract, after breach of contract and other aspects to judge performance. Third, the distinction between fraud and theft, loss of property whether it is the victim caused by acts of property disposition, this is the key to distinguish between fraud. Through the analysis of a number of cases and the objective of several aspects of crime compared to several criminal acts that the difference is: whether the loss of property to dispose of property is the result of the victim. Property damage if the victim is the ultimate sanction because of his behavior, the behavior of people constitute fraud, and vice versa.
Fraud refers to the illegal possession for the purpose of hiding the truth with fictional facts or methods to cheat the large amount of the behavior of public and private property. Is generally believed that the basic structure of the offense are: actors in the implementation of criminal fraud for the purpose of all the victims of a wrong understanding of → → Victims → dispose of property based on false understanding of the perpetrator by the victim to obtain property → loss of property.
Key words: definition of fraud to draw a line difference between conclusions

Answer 2

Concerning the cognizance of the crime of fraud

Student: LiChengYu guiding teacher: Chen

Abstract:

At present, the approximate crime many crimes difficult to characterize. This article through four aspects: first, make a clear distinction about friends of contract fraud of civil fraud with the boundaries of civil fraud and deception, the parties take aims to make relative errors, make for their own understanding of the legal actions, then the performance of the legal behavior by both sides seek a certain "illegal benefits", its essence is a non-profit-making; And the contract fraud although objectively can cause others to certain civil legal behavior "mean", but the actor has not been charged with the civil obligations prescribed sincerity, but just want to make the other party to perform that doesn't exist the civil legal relation "unilateral obligation directly detinue," other property. Therefore, we can draw the conclusion: the contract fraud with direct detinue state-private property for deliberately content, but civil fraud is failure to indirectly through mutual obtain illegal property interests. Two, make a clear distinction with contract dispute of contract fraud is the key limits, limits the subjective purpose, actor actor in for the purpose of diddle property or by performing prescribed actions and obtain the civil laws of economic interests. But judge actor's subjective purpose, must from whether has to perform the contract for, whether takes the deception and performing contract after the behavior of the performance, the default a judgment. Three, distinguish crime of fraud and theft, property damage is the victim of disciplinary property as a result of, this behavior is the key to distinguish fraud. Based on the analysis of several cases of several crimes and objective, compare the difference between several crime that is: property is the result of disciplinary property the victim. If the victim is the ultimate result of its property damage, the disciplinary actions offender constitute crime of fraud, and vice versa.

Fraud, refers to the purpose of illegal possession, use dummy fact or the method that hide the fact, diddle large amount of public or private property behavior. Usually, the basic structure of the crime that for: actor for the purpose to illegal all implementation of fraud - the victim errors based on wrong cognition and understanding the victim and disciplinary property obtained by the victim - offender property loss of property.

Keywords: fraud drawn conclusion define difference