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The Research On The Disposition Behavior In The Crime Of Fraud

Posted on:2015-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:M Q LiuFull Text:PDF
GTID:2296330431485781Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Fraud is a more ancient crime, and also is very common and multiple in the realityof judicial practice. In the application of the crime of fraud, the identification of difficultproblems is not uncommon, and which plague judicial personnel is the demarcation ofcrime or noncrime and the fuzzy concept of this crime or other crime. In the doctrine ofcriminal law, the constitution of fraud ought to be fully explained which can basicallymeet the needs of judicial practice. For instance, the constitution of fraud is divided intotwo aspects of subjective and objective. Subjectively, one must have a purpose of illegalpossession; objectively, the perpetrator must be imposed by the act of deception, andcheated person is sunk in the wrong understanding and therefore delivers the propertythus suffers a loss, the perpetrator occupies the property illegally. These elements providea theoretical guide to judicial personnel in dealing with fraud. However, because theacademic on the objective elements of the crime of fraud does not fully or rarelydiscussed, the problems for the practice is difficult to give a good response, thus handlingdifficulties for the practice is lack of uniform standards. So it is very significant foridentifying fraud to study each objective element of crime in depth. In this limited space,only the disposition is discussed.The structure and main contents are as follows:The first part, the effects of disposition on the crime of fraud. It firstly discusses“disposition” in national legislation and theorists’ controversy on whether the dispositionis the necessary element for crime of fraud or not, mainly they are necessary dispositionand unnecessary disposition. Then several theories are compared, and the necessarydisposition is more reasonable.The second part, the definition of disposition. The academic uses the delivery toreplace the disposition. The concept of the disposition is compared with the concept ofdelivery, and then determine the correctness of using disposition concept. The dispositionis initial applied in civil law, so the disposition in criminal law and the disposition in civillaw are compared. Then, the structure of disposition is introduced from four aspects, thedisposition of the object, main body, meaning and behavior. The third part, the disposition on the determination in practice. Taking the case as apoint, providing the existing problems in the disposition of the object, main body,meaning and behavior. And then analyzing the focus of theorists and practitioners of thecontroversial issues, and analyzing a variety of disputes, and determining the appropriateaccusations.The definition of disposition in the crime of fraud is a difficult problem. I hope thesemodest words can play the role of reference on the determining the disposition in thecrime of fraud.
Keywords/Search Tags:Act of Disposition, Meaning of Disposition, Subject of Disposition, Object of Disposition
PDF Full Text Request
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