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The Difference Between Larceny And Fraud

Posted on:2015-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
GTID:2296330428998471Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Larceny and Fraud are two of the property crime which have the higher incidence inour judicial practices. It could be easily to differentiate with these two crimes in anordinary way.With the social development, there come a lot of cases in judicial practicewhich have not only the character of the crime of larceny but also the feature of the fraud.Since the Criminal law cannot sweep up every criminal acts, the crimes which include thefeature of both larceny and fraud cannot be definited which caused lots of contentious intheory and in practice. This article aimed at analyzing and comparing the two crimes, withthe true cases in practice, in which way to get the method of definiting these two crimes.The first part of this article is the introduction of one typical case. This case is aboutQiao who use the electronic scale to cheat in the weighting to seek illegal benefits. Thesecond part of this article raised issues about defining this case. The third part of thisarticle analyzed the objective characteristics of larceny. The crime of larceny is an offensewhich a ma obtain specified property go against the will of property occupant. In thisarticle,"steal secretly" is not treated as the necessary condition. The forth part is about theanalysis of fraud, this crime expression five series which is particular and indispensable:the behavior of cheating act by the offender; the mistakes made by the victims; the victimsdelivery their property by the misunderstanding; the offender get the property; the victimssuffer a loss.In the fifth part, the article introduce the major difference between the crimeof larceny and the crime of fraud in there objective feature. In successionauthor discusshow to deal with the criminal cases contain behavior both stealing and cheating. cheating.In author’s opinion, there should have two steps. At the first, we should determinethecritical behavior which affects the nature of the case. At the second, we should estimateifthere is the act of disposition in critical behavior. The sixth part classify the crimes. Theseventh part is the conclusion, This article analyzes quoted case and recites the basestandards of dealing with similar cases at last.
Keywords/Search Tags:Larceny, Fraud, Composition Elements, Critical Behavior, Act of Disposition
PDF Full Text Request
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