| Accompany with the economic system reform gradual thorough, diversification of the economic subject, many simple criminal patterns we thought, such as fraud and theft, combined the properties of both, for new criminal method are adopted. Besides, when we determine the properties of some conduct, we will also meet perplexing problems of the form of quantity of crime.Based on one case, this article mainly went into two questions by dispute of determining a crime about picking up or stealing passbook to draw money under an assumed name:the first one, the relation about the tripartite fraud and indirect perpetrator of theft; the second, the relation about absorption crime, the afterwards act of impunity and implicated offense. This article further studied the theory of fraud and the form of quantity of crime, and gave my opinions on based of many scholars’viewpoint.Particularly, this article consists of four parts:The first chapter introduced the facts of the case, disputes of different opinions and argumentative issues.The second chapter and the third chapter are main content of this article. It studied related theoretical issues about criminal law in detail on based of one case. The first part discussed related theory about crime of fraud. It includes basic concept and objective structure of fraud, the tripartite fraud theory and differences of the tripartite fraud and indirect perpetrator of theft. The second part discussed interrelation among absorption crime, the afterwards act of impunity and implicated offense. The form of quantity of crime is very perplexing and confusable. Besides, whether absorption crime and implicated offense should be abolished has been contradictory.On the base of precise understanding of related criminal theory, the forth chapter mainly made jurisprudence commentary on two criminals respectively and act of their joint crime. |
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