不作为能够成为诈骗罪的行为手段,目前已经成为学术界的主流观点。而不作为的诈骗行为成立诈骗罪需要满足四项基本条件,即因果关系条件;不作为诈骗程度的符合性;行为人具有保证人的告知义务;不作为与作为的诈骗行为对法益侵害的发生具有同等的作用力。因此,为了防止不合理地扩大诈骗罪的惩罚范围,在司法实践中对不作为诈骗罪的认定应持慎重态度。 Not as a means of behavior that can become a fraud, has now become the mainstream view of academia. Not as a fraud to establish fraud need to meet the four basic conditions, namely, the conditions of causation; Not as the degree of fraud compliance; Bearer’s guarantor’s obligation to inform; Not as a fraud and the occurrence of legal violations have The same force. Therefore, in order to prevent unreasonable expansion of the scope of punishment of fraud, in judicial practice should not be held as a criminal fraud should be cautious attitude.