At present, there is no crime of technical fraud in China's criminal law, and technical fraud can be identified as fraud. There are four types of fraud, and those that meet the constitutive requirements can be identified as fraud.
Elements of fraud:
1, object element. The object of this crime is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property. So it does not constitute fraud.
2. objective factors. Objectively, this crime is manifested in the use of fraud to defraud a large number of public and private property. First of all, the perpetrator committed fraud, which includes two forms: one is to fabricate facts, the other is to conceal the truth; Essentially, it is an act that makes the victim fall into a wrong understanding. Fraud makes the other party have a wrong understanding, which is caused by the fraud of the actor; Even if the other party has some misjudgments, it does not prevent the fraud from being established.
3. Main elements. The subject of this crime 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. Subjective factors. Subjectively, this crime is direct and intentional, with the purpose of illegal possession of public and private property.