LiuMouMou To Electronic Jammers Of Diddle Property Qualitative And Sentencing Discussed

China is in a period of social transformation, institutional transformation, rapid economicdevelopment, rapid growth of human wealth, property interests varies, property crimes alsobecome diverse, intelligent.Fraud and theft as two kinds of property crime, as the methods oftheir crime, criminal means growing and changing, in judicial practice, the performance of theobjective aspects of crime of fraud and theft in very close, making reality more and morecomplex, definition of the crime of fraud and theft became more difficult.In practice,understanding phenomena such as inconsistent handling bodies also exist.Strengthen the studyon crimes of theft and fraud is of great theoretical and practical significance.This article basedon the theory of criminal law, combined with case studies, mainly on the concept of the crimeof fraud, constitutes the crime of fraud and fraud and theft of boundary issues, held apreliminary discussion, hope this article can help to accurately grasp on fraud in judicialpractice and determination.Divided into five main parts to this article wrote:First part is on "Liu to electronic interference property fraud case," describes the basicfacts and the proceedings of procuratorial organs in charge of the case, the defendant andcounsel’s opinion, the Court’s verdict.The second part is the focus of the case.Focus in the present case: the perpetrator of soand so, Dr LAU is the behavior constitutes a crime of theft is fraudulent?How shouldpunishment?Part three is all their disputes and differences of opinion on the case.First part is in thepresent case constitutes a crime of theft is fraudulent controversy and the reasons theyare;Second half is on the sentence of the court dispute and reason.Part four is a key issue for this article, that part of the discussion on the basic theories ofthe crime of fraud, an in-depth analysis of the characteristics of the characteristics of crimesof fraud, theft, fraud, theft of distinction and why in this case constitutes a crime offraud.Characteristics of crime of fraud including:1. the fraud;2. the victims recognizederrors;3. based on erroneous understanding and implementation of the disposition of theproperty of the victim;4. the conduct of persons obtaining property or property interest;5.fraud as causal connections between the various elements of the structure.Through in-depth analysis of the several points of describing characteristics of the crime of fraud.Theft offeatures including:1. possession of the property of others.Theft is the nature of the violationof the will of the victim, to transfer the property of others for their own or third party has,against someone else’s possession of the property on the object.2. the secret acts of theft.Onthe subjective, secretly steal people think have secret sexual behavior is behavior;On therange, which is the secret is for property or related rights of all people;Steal this secret is thetheme throughout the course of the crime.This paper focuses on the two points mentionedabove deals with the characteristics of the theft.On the difference between theft and fraud, from this article:1. fraud and secret acts oftheft;2. disposition of property issues;3. transfer of ownership of the property;Several pointsdiscussed above.Means of fraud is fraud, and secret acts of theft is the theft of tools, from thispoint of view can distinguish between essentially theft and fraud;Property disposition issuesare a point of distinction, since theft does not exist on the disposition of the property of thevictim, perpetrator of fraud victims based on fraud have a misperception of the disposition ofthe property;Moreover, in criminal procedure, whether the transfer of ownership of theproperty with participation of the will of the victim is also a point of distinction between thetwo.What the last article in this case the perpetrator a fraud and for that reason did notconstitute the crime of theft.Part five conclusions and implications, based on the above analysis, this article came tothe perpetrators of criminal acts constitutes a crime of fraud, and by the perpetrator of anoffence factors such as the number and amount of the plot, actors make sentences.In the end, Isum up to difference between crimes of theft and fraud in the practice should be:1. thedistinction between primary and secondary behaviors;2. disposition of the property of thevictims;3. If a victim’s will to participate in, these several points to draw a distinction betweenthe two.