Qualitative Analysis Of The Behavior Of Misappropriation Of Others’ Property Mortgage

Right disposition of civil law on the same property crime is a competing relationship, not because of an act of civil law are not entitled to dispose of it and therefore negate the establishment of property crime;Without the owners permission, to use as collateral with other people’s property is a violation of other people’s property ownership, not the general use of the property temporarily moved.Although the actor has no direct transfer of property act, but this behavior is no intentional use of indirect principal, contrary to the will of the owner, the establishment of theft;After the theft of stolen property mortgaged to conceal the truth will be a bona fide third person obtaining by deception under such circumstances, the key lies in whether the establishment of fraud is the existence of property damage cheater.In this regard, the civil law has "no right to dispose of fully effective", "the right disposition effect pending", "the right disposition is not valid to say" three theories.If the provisions of the Civil Code, but no right to dispose of the Criminal Code applies to low feasibility, while not appropriate;The core difference between lending and borrowing civil fraud type of fraud is the different between the subjective purpose of illegal possession.Sometimes, despite the write IOUs for obtaining by deception, promised interest, to provide security and other acts, but the only means of obtaining by deception, and can not prove that does not have the purpose of illegal possession;Contract fraud is fraud in the implementation of the contract for the media, but this is not so in the form of fraud has a contract constitutes a contract fraud, the key lies in the nature of the contract;Under the theory that between theft and fraud are no competing there, but in fact the same time meet the two constituent elements of the crime situation, admitted the crime between two competing and help conceal the truth stolen property mortgaged to the goodwill of others the third person to defraud handle this situation belongings, but also help solve other difficult problems.In this paper, the relevant legal norms and theories to a real case for object analysis, for the right to dispose of property crime and the relationship between lending and borrowing civil fraud type of fraud, contract fraud and general fraud and fraud and theft of competing the judicial determination analysis.In this paper, a total of about two thousand words, consists of four major components:The first part is a brief introduction to the basic circumstances of the case, and then sort out the differences of opinion on the judicial handling of the case based on the facts, but to extract the focus of controversy in the disagreement.The focus of controversy focused on the case of a theft of other people’s property mortgage loan fraud, and how to conduct qualitative orchid on penalties.The second part is a legal analysis of the relationship between this paper and the right to dispose of a property crime analysis, and then to steal other people’s property mortgage whether the conduct of illegal possession purpose to explore, to borrow type of fraud and civil fraud and contract fraud and to distinguish between fraud, fraud and theft last Concurrence were demonstrated.The third part is the conclusion of the case study, this paper analyzes the legal part of the case of the theft of a blue cheat others people’s property mortgage borrowers conduct qualitative analysis of the behavior of a draw orchid constitute fraud and theft(indirect principal), Imaginative Joinder and constitutes, in a final act of a crime by the blue handle.The fourth part is the revelation of the case study is to extract the value of the judicial case, draw inspiration from the case, and make specific recommendations.Based on the circumstances of the case and many other cases raised lending type of fraud and how to identify civil fraud, contract fraud and how to correctly distinguish between ordinary fraud, and to recognize the existence of fraud and theft while competing needs attention.