Research On The Tripartite Fraud

The tripartite fraud is the behavior which criminal eventually causes the relatively heavy loss's amount of victim with the methods of fixating facts or concealing the truth, which do harm with the property of the victim. The methods lead a third person other than the victim into erroneous understanding.As a type of the fraud crime, the tripartite fraud is not a specific crime but a phenomenon. We should grasp the characteristics of the tripartite fraud from the following aspects: criminal, subjective content, the triangle relationship and other aspects. The distinction between the tripartite fraud and Indirect Perpetrator of theft lies in: whether the third person has the authority or status to dispose of property; whether the criminal actus leads to wrong understanding of domination, the implementation of the property will be directly transferred to the criminal acts.From the essence of the crime of fraud, the crime constructive elements, the Criminal Law and other relevant provisions of the inspection point, the tripartite fraud should be classified as fraud, the theory of exclude the tripartite fraud from the fraud, artificially created loopholes in the Criminal Law and therefore is not desirable.In the judicial practices, the tripartite fraud various in lots of forms. The fraud by lawsuit and the fraud by credit card are two common and typical forms. Infect, it is not all the forms of fraud by credit card belong to the tripartite fraud .The fraud by credit card varies in many forms: using forged credit cards, using credit cards got by false I.D , using invalid credit cards, fraudulent using of credit card, malicious over drafting of credit cards, thefting credit cards and using. In the several forms of fraud by credit card, which is the tripartite fraud, required the essence of the tripartite fraud: deception and disposal of property damage to the main property is the same or not, as a standard for a specific analysis. Fraud by lawsuit is also a typical form of the tripartite fraud. It have several characteristics: the special occasions, the cheated and the victim not the same, property handling's indirectly and the non-voluntary nature, the complex consequences. Fraud by lawsuit varies in two forms: the criminal fixates facts and conceal the truth or make forgery, destruction of evidence; fixates facts and conceal the truth through others. Besides, the fraud by lawsuit identify of accomplished pattern, identify of the amount, identify of the pattern of crime number, identify of the pattern of complicity form of crime need for specific analysis.