The Supreme People's Court's "About Implementation"
"If one party intentionally informs the other party of false information, or intentionally conceals real information to induce the other party to make a wrong expression of intention, it can be considered as fraud." According to this provision, the crime of fraud must meet the following conditions:
First, the fraudster has the intention to cheat. The so-called intentional fraud refers to a psychological state in which the fraudster wisely informs the other party that the situation is false, which will make the deceived person fall into wrong understanding and hope or let this result happen.
Second, fraudsters commit fraud. The so-called fraud refers to the act of fraudsters deliberately concealing facts or telling false information through language, words or activities. Including fabricating, changing and concealing facts to make the deceived fall into mistakes, deepen mistakes and keep mistakes.
Third, the victim's mistake is based on the swindler's fraud, that is, the victim fell into the mistake not because of his own negligence, but because of fraud. The mistake here refers to the lack of understanding of the main contents of the contract by the parties.
If the deceived person does not fall into a mistake, even if the fraudster has the intention and behavior of fraud, the legal consequences of fraud will not occur. At the same time, there is a causal relationship between fraud and falling into mistakes.
Fourth, the deceived person expressed some meaning because of his misunderstanding. The so-called expression of will refers to the act of expressing the thinker's intention to establish a legal act externally. When a fraudster expresses his will, he thinks it is his true will, which will cause the expected legal consequences. In fact, because of fraud, it means that the expected legal consequences will not happen.
In addition, fraud must violate laws and regulations and the principle of good faith. It is beneficial to society and others, and good faith fraud does not constitute fraud.
Extended data
The elements of fraud include:
(1) One party must have the intention of fraud. The so-called fraudulent intention refers to the subjective attitude of the fraudster who knows that his fraudulent behavior will make the deceived fall into a wrong understanding, hoping or letting this result happen.
(2) The fraudster has committed fraud. Fraud generally includes deliberately telling false information and deliberately concealing true information.
(3) The deceived party was wrongly judged for fraud. In other words, there is a considerable causal relationship between fraud and misjudgment results.
(4) The fraudster expresses his will based on wrong judgment. ?
The victim's misunderstanding of the victim due to fraud is not due to his own negligence, but to the fraud of fraudsters. The so-called mistakes refer to the defects in understanding the contents of the contract and other important situations.
The fraudster wrongly expressed his will, which means that the thinker expressed his intention to establish a legal act (Wang Liming's New Civil Law, Volume I, p. 376).
It can be seen that the expression of will is a kind of behavior, and it is the behavior of dreamers to express their psychological state externally. It consists of three elements, namely effective meaning, expressive behavior and expressive meaning.
The signifier and the signified hope to make the content they express legally effective, that is, effective meaning; The way to express the inner meaning of the actor, that is, to express the behavior; To express external meaning by expressing behavior is to express meaning.
The principle of good faith is the most basic principle of civil law, which requires the parties to exercise their rights and perform their obligations in a good, honest and conscious way. This principle is stipulated to balance the interests between the parties and society.
Fraud: make 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.
Baidu Encyclopedia-Fraud (Elements)