A Qualitative Study Of Secret Acquisition Of Capital Through Deceptive Means

By studying the typical case of columns, in-depth analysis of jurisprudence andpractice summary of judicial practice deception around fiscal behavior, so that thiskind of behavior is much more qualitative study to our country legislation and judicialthe revelation.The paper is divided into four parts:The first part is to introduce two typical cases out the basic facts of the case and thefocus of debate. Jiujiang City, Jiangxi Province, Lushan District People’s Court trial in2011,"Zhang, Zou, Li, Wang, Fan theft case" and enter the Changping DistrictPeople’s Procuratorate in2010"Hard Cases Workshop" Li，Huang and Chen basicfacts of the scam, advocate and debate issues and reason in the trial of the two cases.The second part is combined with the merits of the charges of the dispute is LegalAnalysis. Respectively the elaborate Theft and defraud Whether or Not problem,Analysis the Implicated and absorption committed criminal law general provisions toelaborate traditional theft which above combined with many new elements of thecrime problem.The third part is to clarify the boundaries of the Theft and defraud. First, thecomparison of theory and judicial practice on two counts of boundaries; comparetheory and judicial practice in China’s Hong Kong, Taiwan, on two counts ofboundaries; Third, compare abroad on two counts in the theoretical aspects andjudicial practice boundaries, so as to arrive mainland China about the boundaries ofthe two crimes in comparison with China’s Hong Kong, Taiwan and abroad on theboundaries of the two crimes, to deepen understanding of the boundaries between thetwo crimes and judicial.The fourth part is the qualitative conclusions of the revelation of our legislative,judicial case behavior. The Criminal Law Amendment analysis of the secret deceptionto take fiscal behavior, get secret take fiscal deception behavior qualitativeconclusions. And judicial practice in the key points identified deception to take thesecret nature of the fiscal behavior refining summarize, in order to obtain the practicein handling similar cases to help.