司法实践中诈骗罪的理解与认定

Understanding and Asserting of the Crime of Fraud in the Judicial Practice

我国刑法规定的诈骗罪是取得型侵犯财产犯罪中犯罪率较高的一种。在司法实践中,对诈骗罪的理解与认定,应根据我国刑法关于犯罪构成的理论,结合诈骗罪的构成要件作出正确的判断,把握诈骗罪的基本结构模式。诈骗罪以行为人实施欺诈行为为前提;行为人实施欺诈行为的目的是使相对人产生错误认识,并使其基于错误认识作出处分财产的行为。诈骗犯罪的本质要素是使相对人受到财产上的损害。

The crime of fraud that the criminal law of our country stipulates is that the making type invades a kind of relatively high crimes of crime rate in the crime of the wealth. Understanding and asserting should follow the theory about constitutive elements of crime of criminal law of our country of the crime of fraud, make the correct judgment, and hold the basic structure mode of the crime of fraud in composition important document of combining the crime of fraud. It takes implementing the fraud as the prerequisite with the actor in crime of fraud. The purpose that the actor implements the fraud is to make relative people produce the mistake to know; it＇s on the basis of mistake people behavior and consciousness of property essential key elements of the crime of fraud to make “voluntary” to know. Swindling crime final purpose of behavior is to obtain property, make relative people receive harm of property at the same time.