Abstract:Our legislation on “whether machines can be deceived or not” is not a definite regulation, even being contradictory; and theoretical discussion also confined to the fact level, which“machines out of conscious can't be duped”, is unreasonable for machines with “articles”that are regarded as subjects of legal relationship. The research through classifying machines on function and legal nature shows that controllers behind machines can be cheat, corresponding with elements of ordinary fraud, so there is no need to add computer fraud in our existing legal framework.