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Behavioral Research To The Property Involved In The Crime Of Fraud Of The Delivery

Posted on:2014-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:L L TianFull Text:PDF
GTID:2246330398460095Subject:Law
Abstract/Summary:PDF Full Text Request
I In practice, the cognizance of crime of fraud has certain difficulty, investigate its reason, mainly is the crime of fraud of the disposition behavior in a certain degree of deviation. Thus led to the theft and fraud are intertwined, not accurate conviction and sentencing of criminal cases, this is damage to a certain extent the stability and unity of the law and the possibility of people forecast. Theft defraud are multiple types of cases in the judicial practice, to draw the line between the two, obtained the conviction and sentencing of the harmonization of standards, has become the top priority of the criminal trial work. This paper clarified Delivery behavior of a series of constitutive requirements and its connotation, draw the line between theft and fraud, hope for accurate conviction and sentencing and enhance the clarity of the judicial activity and authority has a good effect.This article altogether is divided into five chapters, the first chapter is an overview of the delivery behavior, including the concept and connotation of disciplinary actions, of the importance of the activities of delivery and delivery behavior of foreign legislation; Second chapter from two aspects of subjective and objective delivery behavior of the main components was introduced in detail, including the delivery of the implementation of the behavior subject dispose of consciousness、direct elements; The third chapter delivered the specific construction form of behavior; Chapter4clarifies several special cases delivery behavior judgment, including the triangle fraud、non-payment of the meals and accommodation、cheat other people to give up property; The final chapter is on the basis of the previous text, to the points raised in the identified need to pay special attention to the process of delivery of behavior problems. The second chapter is the focus of this article, the system elaborated the delivery of main element of the behavior and its connotation, has been clear about the delivery behavior, must be combined with cheated people comprehensive judgment, the subjective and objective elements of cheated people subjectively, require delivery mean and objectively to transfer possession of the behavior.
Keywords/Search Tags:Fraud, Act of disposition, Dispose of consciousness
PDF Full Text Request
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