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Discussion On The Disciplinary Action Of The Fraud

Posted on:2015-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2266330428451754Subject:Law
Abstract/Summary:PDF Full Text Request
In the course of judicial practice, fraud is a common violation of property type ofcrime.Especially in recent years, as transactions on the Internet, have becomeincreasingly popular and there have been some new frauds by using the Internet andtelephone.For example “Online dating scam case”,“SMS scams winning”,“Onlineshopping fraud” and so on. Thus a lot of related difficult problems have occurred inthe social life, such as traditional crime of fraud theory conflict, crime of fraud andlarceny’s determining guilt dispute and so on. Therefore the criminal law theorists inour country need to be improved promptly, to further extend the existing theory, toprovide the solution for this difficult problem, and to support theoretically for thejudicial practice.One type of the fraud characteristics is involved with the coordination of victim,criminology research had pointed out that victim in crime of fraud “with makingmistake”, often caused author’s clever trick to prevail. This article mainly propertydisposal action behavior’s several aspects from victim angle detailed proof crime offraud, has profited from many senior research results, enriches the knowledge frame,with the aim of explaining the crime of fraud the substantive characteristics in a betterway. The article mainly and dialectical analysis using the way of contrastive analysismakes the article viewpoint clearer.Objective performance is mainly about (right of disposition), the subjectivefactor (disposal realizes connotation and extension), objective factor (form ofproperty disposal behavior) main body to three aspects for detailed proof. Theproperty disposal behavior takes one of crime of fraud accomplished offenseessential conditions, is connected with the fraud and property damage as anintermediary factor of linking the preceding with the following, as the core position inthe crime of fraud, its exists to have the important meaning.First of all, the property of the disposal of body with competence, mainly thosewho dispose of the body. Detailed feasibility studies the machine to be able to become a fraud of the object behind them, the legal machinery for preprogrammedexpression of the will, the machine as agent for property disposition; corporate tobecome a fraud, and to property disposal. Analysis of the specific fraud wherever itoccurs between the two, or three corner fraud, punishment should be a disposal ofproperty rights and status.Secondly, and more details on the disposal of the subjective element ofpunishment, meaning punishment for those who know that they are to be a specificproperty or property interests transferred to others, and on the basis of their own inner“freedom” make such a decision, and is not affected by other factors, such as forcedor coerced. Disposition of awareness to Understand factors and will factor that thedisposition of the awareness raising factors for disposition in the disposition of theproperty, and property interests of the levels of awareness, agreed that easingsanctions mean that, by their own opinion. Analysis of the specific disposition ofobject level of awareness of the different is how to define disposition of awareness.factors will be punished, disposal of property, state of mind, and to be able to maketheir own decision disposition, manner, time, place, and so on, with property, the rightto claim the changes.And then, on the major property of the disposal objective factors--form ofpunishment that judgment is based on an objective person can freely dispose ofdisposition of property or property interests, and people who have lost their propertyto the control. Specific analysis of the disposal has several special forms, destructionand abandonment, debts and claims disposition as a secondary behavior, to study howto influence behavior disposition, fraud.In conclusion, with real cases, analysis of the specific property disposal injudicial practice has an important role, summarize the previous sections of the theory,and coherent. Disciplinary actions to the theft and fraud draw a clear boundary. In apaper, in accordance which needs to be interspersed with the case, analysis of theproperty disposition behavior is affecting how fraud has attempted to, fraud and theft,fraud and extortion, fraud and willful damage to property crimes, such as a boundarybetween them. I hope to be able to help us for a better research, finding that fraud inthe property disposal, and thus more clear fraud prevention features, will be in accordance with the property to an Existing Fraud evaluation terms, in order to guidethe hands-on activities in a better way.
Keywords/Search Tags:Fraud, Disposal behavior, Disposal consciousness, Disposal right
PDF Full Text Request
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