The Case Study Of Fellowship Crime Of Fraud

As the development of economy and society, the trick, form and content of crime of fraud have been became more various, therefore its consequences is also more serious. For instance, in Wang Hui's case, the criminals are a group of nine person, they swindled more than 370 people out of their money that is accumulated more than 7millon RMB. More than 150 victims of all reported that they are swindled , involving 2.65million RMB. Victims are various jobs, age from 20 to 66, and all over China. Basically the writer is wish to discuss the form of fraud in this typical case, and even the problems that it is shown is this case about our criminal law and society by taking this case as an example and, it is supposed that several common law can be found in this single case.By comparing this case to other similar cases and deeply understanding of this typical case, the writer notices that for those crime of fraud which involved a lot of victims, judicial branch do not have a standard for confirming the amount of money of fellowship in crime. In practice, different judicial branches sometimes used different standards. However the conviction to the criminals and the discretion of punishment will be influenced since using different standards to value the amount of money. Additionally this will result that two criminals of same fellowship in crime have different punishment.As features of fellowship in crime, the justice usually consider the communication about how to actualize crime between criminals as a crime connection between them. And teaching method of crime is confound with instigating someone to crime, resulting the crime of'teaching someone how to commit a crime'is neglected.Furthermore, writer found that judicial branch always making conviction by the consequences of the crime and only investigating criminal responsibility, but ignoring other factors behind the defraud. For those person, group, or company that contribute to this crime, it is lack of effective punishment. In this case as well, some victims asked that why swindler's information is on the newspaper? Why those pseudo advertisement or certification number is able to be published on a public newspaper without any investigation? After contacting with several victims the writer realised many common people are still so traditional that they definitely can not understand there will be pseudo things on newspaper. Just about this fact or phenomenon that does exist, the publishers and operators of newspaper publicize the false information while they actually know it is not real. Their responsibilities can not be shifted off, since it is just their behaviors that give the criminals advantages to commit crime.This paper discusses three questions described above of this typical case, it has three main part,about 19000 words.First provide the reason and details of case, roughly about criminals'relationship, crime feature, method, etc.Second is conclusion of central issues, which can be regarded as a generalization of three questions above. Focus one is how to divide criminals. Focus two is how to bear the swindle money. Focus one and two are main argue points between public prosecution and defend of criminals. Focus three is can the judge investigate'teaching how to commit crime'of Wang Hui. Focus four is should the newspaper operator and pseudo advertisement publisher be considered as criminals, and if so, what is their actual criminal responsibility? The Focus three and four are the problems that this case left.Third part of this paper is mainly about discussion of four focuses, analysis of low theory and opinion of writer. By analyzing focuses and discussing the arguments, the writer presents his main points below: Treat 9 criminals as partners in 9 single crimes not in one crime a group. The amount of money should be revised. Wang Hui actual break the low and is'teaching how to commit crime'. Advertisement operator and publisher break low of'pseudo advertisement crime', and if conviction is hard, can consider them as complicity, however it is better establish a new suitable imputation for these kinds of criminals.