Fraud is a civil act. Generally speaking, civil fraud is to create the ability to perform by exaggerating the facts or fabricating some facts, to induce the other party to fall into misunderstanding and conclude a contract with them, so as to achieve the purpose of seeking certain benefits by performing the agreed civil acts. Such as: shoddy consumer fraud.
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its goal should also exclude loans from financial institutions.
2. Different legal provisions:
The purpose of the crime of fraud is clearly defined in the criminal law, that is, illegal possession. Specifically, the actor does not intend to pay any price or do any labor, that is, gain the trust of the other party and illegally occupy the property.
Although civil fraud is objectively manifested as making up facts or concealing the truth, its fraud still belongs to the category of civil legal relationship and should still be adjusted by civil legal policy. The act of fabricating facts or concealing the truth in the crime of fraud has undergone a qualitative change and should be adjusted by the criminal law.
3. Different criminal acts:
After the victim disposed of the property by fraudulent means, the actor obtained the property, thus damaging the victim's property. According to Article 266 of the Criminal Law, it is a crime to defraud a large amount of public or private property.
In addition, it should be noted that the crime of fraud is not limited to cheating tangible things, but also includes cheating intangible things and property interests. According to the relevant provisions of Article 2l0 of the Criminal Law, it is a crime of fraud to defraud special VAT invoices or other invoices that can be used to defraud tax refund and tax deduction.
The main conditions for expanding data fraud:
The subjective aspect of fraud can only be constituted by intention. The so-called fraud intention is the subjective psychological attitude of the fraud subject who knows that his fraud will cause others to be cheated and hopes or lets this result happen.
In terms of cognitive factors, the actor knows that his fraud will cause others to be cheated, and in terms of will factors, the actor holds a hopeful or laissez-faire attitude towards the result of causing others to be cheated. According to the different factors of cognition and will, fraudulent intention can be divided into direct intention and indirect intention.
Direct intention is the psychological attitude of fraudsters who know that their actions will cause others to be cheated and hope that this will happen.
In terms of cognitive factors, direct intention can include both the inevitable occurrence of the harmful consequences of others being deceived and the possible occurrence of the harmful consequences of others being deceived.
In terms of will, intention is to hold a hopeful attitude towards the result of deceiving others. "Hope" is a psychological state of active pursuit to deceive others, which has the characteristics of direct pursuit. This psychological state and characteristics are consistent with the purpose of fraud, and fraudsters have a strong desire for it.
Indirect intention is the psychological attitude of fraudsters who know that their actions will cause others to be cheated and let this happen.
In terms of cognitive factors, the indirect intentional actor can only realize the possibility of deceiving others, but can't realize its inevitability; In terms of will, indirect intention is to let others be deceived and hold a negative psychological attitude of allowing others to be deceived.
Indirect intention is based on the pursuit of some other purpose, which has the accompanying characteristics. In the constitutive requirements of fraud, whether the subjective psychological state of the actor is intentional directly or indirectly, it does not affect the composition of his behavior, but negligent behavior cannot constitute fraud.
Baidu encyclopedia-fraud
Baidu encyclopedia-fraud