The Crime Discuss Of Relocation Compensation Fraud By Illegal Household Splitting

With the advance of urbanization, relocation compensation of the urban transformation also become a new favorite of the crime of fraud, national relocation compensation fraud is a new type of fraud cases in recent years in the process of transformation of the old form of illegal household.The characteristics of such cases is that the criminal process is complex and involves a large number of criminals,huge crime amount,bad social influence and crime patterns rendering gang trend.Criminals usually can not commit the crime individually throughout the criminal process, they need to collude the real estate agent, legal workers, as well as the staff of state organs, individuals assume different criminal division of labor and cooperate to complete the crime. In such cases, to seek illegitimate interests, criminals often take advantage of the government relocation compensation policy, handling the household in a variety of false means. Because of the novel means of such cases, numbers of participation, in the process of judicial practice, the nature of the defendant’s conduct identified crime number, there is often a larger controversy. Thus the correct analysis of such qualitative behavior and crime number of new cases of behavior is particularly important for China’s judicial trial. The article start with a actual cases from a judicial practice, aimed at identifying the nature of the acts of various actors involved in splitting fraud case, first summarizes the focus of controversy in this case, and then evaluate the case as a whole, and analysis each focus of the problem step by step, at last, commence thinking the differences between the final case judgment in the practice and theoretical. The article has a systematic exposition of the criminal responsibility of the perpetrator, and for the judicial work of the new field of such fraud cases, has a certain practical significance.The paper is divided into six parts:The first part is about main points of the case.Common fraud of Mr.liu and others.The second part introduces the main merits as well as a court of second instance verdict and protest, appellate opinions.The third part outlines expounded the focus of the case.The controversial court verdict is mainly concentrated in five areas: Firstly, the criminal charge of the real estate agent Mr.Liu; Secondly,the criminal charge of the Judge Mr.Fan; Thirdly,the criminal charge and the crime numbers of legal professionals Mr.Wang and Mr.Sui; Fourthly, whether the relocatees constitute a crime or not; finally, the patterns of crime of the case.The fourth part introduces controversial views of the focus.The fifth part is an overall grasp of the author’s comments from the whole of the entire case, conviction and sentencing issues among the different actors.And then the author focus on various controversial one by one, in‐depth analysising the theoretical basis of the conviction and sentencing the various actors.The sixth part is about conclusion and the further thought of the differences of the theory and judicial practice.