The Crime Of Embezzlement, Theft Or Fraud Th

Violation of property crime in the criminal system belongs to a high-risk crime,and embezzlement, theft, fraud are the three different forms of violation of propertycrime. The Law cannot be clear to all the crime, the boundaries between this crime andthose crimes could not absolutely clear. Whether the criminal law theory and judicialpractice, the controversy between these three kinds of crime is still in dispute. In thisarticle，the author first use a case to draw forth the dispute focus. In practice, thebehavior people illegally obtaining the property of others, either on the way includingfraud, may also include appropriate means and secret means to steal, led to thequalitative case to appear on this crime and the controversy of sin In this paper, first ofall, through a case lead to the focus of the dispute, in reference to the researchachievements of predecessors, the three components of crime, violate the legal interestsof property crimes and other issues were analyzed, and the summary in the propertycrime in the distinction between this crime and sin the key Behavior of the quilt issubstantial, Hope to be able to help in the future practiceIn addition to the introduction part, this article is divided into five chapters.The first chapter is the introduction part, the author write the purpose of the paper.The second chapter is the case introduction, the author illegally obtained propertyby earlier in case raises the act of the defendant earlier obtain others’ property illegallyhave a case of fraud, embezzlement, theft, interweave, earlier act constitutes a crime offraud, theft, or embezzlement? Divided each of the parties is controversial pointrespectively show of reason.The third chapter is Judicial analysis. The author first of all, starting from the fourelements of crime constitution, the crime of fraud, theft, embezzlement of divergence inthe constitutive requirements of crime subjective factor and objective elements of crimeand criminal object. Then the author discuss the legal interest of property criminal inmajor, and to put forward my view on property criminal.The fourth chapter in this basis, the author recommend the focuses on affirmproperty criminal just about fraud, theft, embezzlement, and so on. It’s means that thestandard to judge a behavior is neither fraud, theft nor embezzlement is weather it hascaused a substantial violation to the legal interest.The fifth chapter is the conclusion. The author in this article the second Jiang caseof jurisprudential analysis, draw a violation of property crime in the identification shallbe based on is-the quilt is caused substantial violation of criminal ACTS as a standardof conviction. Again at the same time, the author lists the three cases of infringement ofproperty crime, applying the conclusion in this paper, the standard is the act whichviolates substantial of the legal interest, for cases analysis, to further consolidate theconclusion of this paper.