The constitutive elements of the crime of fraud include:
1, the object of fraud is the ownership of public and private property;
2. The crime of fraud is objectively manifested in the use of fraud to defraud a large amount of public and private property;
3. The subject of the crime of fraud is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
4. The crime of fraud is subjectively direct and intentional, with the purpose of illegal possession of public and private property.
Litigation channel
1. When bringing a lawsuit to the court, the plaintiff shall submit the complaint and relevant evidential materials, and submit copies of the complaint and evidence according to the number of defendants. Those who meet the acceptance conditions shall be accepted immediately and go through the relevant filing procedures.
2. Within five days after the court accepts the case, the defendant shall be served with a copy of the complaint, a notice of responding to the lawsuit, a notice of litigation rights and obligations, a notice of proof, and a court summons. After responding to the lawsuit, the defendant served a court summons on the plaintiff.
3. Hold a trial.
4. If a party refuses to accept the judgment or ruling of the people's court of first instance, he may appeal to the people's court at the next higher level within the statutory time limit. The appeal period for a party who refuses to accept a civil or administrative judgment is fifteen days, and the ruling is ten days; The appeal period against the criminal judgment is ten days and the ruling is five days.
5. If the parties, their legal representatives and interested parties think that there are errors in the legally effective civil and administrative judgments, rulings and conciliation statements of the people's courts, they may apply for retrial.
6. After the written judgment, ruling, conciliation statement and payment order become legally effective, if the debtor fails to perform his debts within the period specified in the above-mentioned documents, the creditor may apply to the people's court for compulsory execution.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.