Legal Analysis Of Ma Ke Dong Fraud Case

Lawyers in the course of their practice on the principals'fabricating facts or concealing the truth, if it is to gain the client's trust in order to obtain the source of cases and then to seize the legal fees and thus, which may only be the establishment of civil law fraud, but if the fraud is dominated for the purpose of illegally possessing the property of the client,which is also possible to be an establishment of fraud. The key lies in the purpose of illegal possession or not and,whether the fraud reaching to achieve the degree of cheating demand which is sufficient to generally fall into illegal deeds to dispose of the property. Among them, Purpose of illegal possession is that principal permanently excludes the possessor from the possession of the property, who will control the property of others as their own property and achieve the intent of the facts or the pursuit of domination. Relative to the property as a payment for illegal reasons, the perpetrator of fraud may also constitute fraud.The first chapter is a case presentation and the focus of the parties disputed point with the case of induction. Entrusted to the defendant at the beginning of understanding of the relevant court judges, which can help him escape criminal punishment grounds received a one million yuan in costs related to personnel again revealing Seems to imply bribery meaning, but with the Defendant on the merits learn gradual deepening of its final and not bribery, but the way to the suspension hearing. The defendant concealed the fact, nor the return of related costs. Accordingly the prosecution that its constitute fraud, the defense is that despite irregularities but no crimes, the two sides dispute focused on the defendant's conduct qualitative and whether the court has jurisdiction over the trial. Ultimately sentenced to fraud was established.The second chapter is summarized in the first chapter the focus of the continuation of the dispute, with emphasis on the purpose of illegal possession of the defendant's deceptive acts and acts of its qualitative. The defendant's conduct can be divided into two stages, namely the fictional facts and truth. The latter was established fraud, the former due to the illegal possession does not have the purpose and extent of fraud does not meet the requirements, only the establishment of general civil fraud.The third chapter is a summary of the previous two chapters, sectionâ… , is the court's assessment, pointing out its advantages and disadvantages. The general direction of the court's decision is correct, but both entities and the procedures are some flaws. The second section is a full-case analysis and appraisal. Basically into question by text, start, ending the thinking of the logic.