Some Issues On Crime Of Fraud And Crime Of Duty Encroachment In

This article selected a true and controversial case, with the studyof criminal law theory knowledge to comb the case involving the legalissues， first tentatively identified in the case of qualitative, the lastargument in the case of qualitative。I hope in the future judicial practicetreatment of similar cases to the judicial staff can provide some useful,valuable reference。This thesis is about twenty thousand words, divided into four mainparts：The first part is mainly about the case and the case of Wang by thefalse ID card, driving license information for a clothing company driverposition, after the success of the first day when to send clothing companyclerk acted out as the unit, car。The second part is mainly about the case analysis of the focus ofcontroversy。Disputes can be simply classified as the following severalaspects, mainly: the elements of the crime of fraud crime of theft, howto understand, how to distinguish between the two crimes by means ofdeception to obtain； subject qualification and the use of servicefacilities is consistent with the constitutive elements of the crime ofduty encroachment；there is the crime of official embezzlement and fraudand the relationship between。The third part is mainly on the Wang case dispute legal analysis。This part is the core content of this paper。By the theory of criminallaw knowledge on the controversy between the counts of in-depth analysis,that their point of view。The fourth part is mainly to draw their own conclusions。Through theuse of the combination of theory and case about Wang acts constitute acrime of fraud, the crime of duty encroachment crime, two between belong to coincidence of law article, should be in the nature of the crime ofduty encroachment。...