Qualitative Analysis Of Car Pledge Loan Fraud In Criminal Law Thesis Submitted To

With the development of China’s socialist market economy, the improvement of people’s income and the quickening pace of life, the automobile has become people’s regular traffic channel. That makes car rental becoming more and more popular. But, the growing number of car pledge loan fraud lead to threat for this business.The first part of this thesis illustrates three different cases with different result of judgment in the same area. In case one, Tai was convicted of contract fraud by court of first instance and court of second instance, the amount of crime is the loan which he had defrauded; in case two, Wang was convicted of fraud by court of first instance and court of second instance, court of first instance find the amount of crime was the value of the car, and court of second instance find the amount of crime was the loan which he had defrauded; in case three, Zhang and Teng were convicted of fraud by court of first instance and court of second instance, court of first instance find the amount of crime was the value of the car, and court of second instance find the amount of crime was the loan which they had defrauded.The second part presents four opinions in juridical practice about this kind of case. In my opinion, none of them could accurately reflect the relationship between penalty and legal interest. And none of them could reflect the juridical protection of legal interest.The essential problem is about the quantity of crime, which is based on if the illegal act is one crime or some crimes. And this refers to the problem of constitution of a crime. So, the basic idea of the third part is based on the quantity of the constitution of a crime. One crime, the theory of criminal law study should be directly used. Some crimes, we should stick to the theory of violating of legal interest, then to consider the penalty.The author draws the conclusion:in car pledge loan fraud,"car rental" and "asking for a loan" are different crime constitutions. Legal interest infringement is different in different situation and these behaviors are in a particular order of importance. Therefore, punish the heavy offense severely should be necessary. That is, when "car rental" constitute a crime of embezzlement,"asking for a loan" constitute a crime of fraud, and the value of vehicle is higher than the loan itself, then embezzlement is founded, otherwise fraud is founded. When "car rental" constitute a crime of contract fraud,"asking for a loan" constitute a crime of fraud, and the value of vehicle is higher than the loan itself, then contract fraud is founded, otherwise fraud is founded. On the basis of severe punishment, if there is forged document, that should be taken into account in the penalty.