The Difference Between Theft And Fraud Through The Verfugunlgsgeschfe (Act Of Disposition)

Property infringement is always a major crime in juridical practice, with its constantly high proportion in the total volume of criminal cases. Firstly, theft and fraud share certain similarities in characteristics and subjective aspects; Secondly, complexity of social life and diversification of criminal techniques make theft and fraud differentiation difficult in juridical practice. Thus, it becomes key point with much attention and extensive discussion in theoretical circles. Some scholars see a phenomenon in which a single act triggers multiple offences, if theft or fraud cannot be determined. In such cases, verdict should be based on severity of circumstances of crime. However, some other scholars, i.e. represented by Prof Zhang Mingkai, suggest that theft and fraud repel each other. It is not possible that one act can constitute both charges of crime. The author is inclined to the latter one.Starting from a disputable case, this article analyses differentiation between theft and fraud from three key elements of civil juristic act, according to the"act of disposition"under the major concept of"civil juristic act"in civil law theory. It is proposed that difference between theft and fraud lies in the third phase, i.e. victims dispose property based on disguise. Finally, analysis returns to the case.