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What constitutes fraud?
Identification of the crime of fraud: deception makes the other party have a wrong understanding, makes the other party dispose of the property based on the wrong understanding, the actor or the third party obtains the property, and the victim suffers property losses, and the form of responsibility.

The content of deception is to make the other party have a wrong understanding and make the property disposition that the actor hopes. In real life, there are various deception methods of fraud, including verbal deception and literal deception.

Deception must make the other party have or continue to maintain a wrong understanding, even if the deceived person has some mistakes in judgment, it does not prevent the establishment of deception. It should be noted that misunderstanding must be a misunderstanding of disposing of property.

The concrete manifestations of disposing of property usually include direct delivery of property, commitment to the actor to obtain property, commitment to transfer property interests, commitment to forgive the actor's debts, etc. If the actor commits deception and makes others give up their property, and the actor picks up the property, it should also be regarded as fraud.

After defrauding the other party to dispose of the property, the actor or the third party obtains the property. Obtaining property includes two situations: first, the increase of positive property, such as transferring the victim's property to the actor or a third person, or obtaining property interests such as creditor's rights; The second is the reduction of negative property, such as making the other party exempt or reduce the debts of the actor or the third party.

China's criminal law requires that the accomplished situation of fraud is that the victim suffers property loss or is in imminent danger of suffering property loss because of being cheated. Victims include not only natural persons, but also units and countries. For example, fraud, forgery of proof materials or other means to defraud social security benefits such as pension, medical care, work injury, unemployment and maternity are established.

The responsibility of this crime is intentional, and at the same time, the perpetrator is required to have the purpose of illegal possession subjectively.