The Legal Qualitative Of The Behavior Of Illegal Possession Of Others’ Stock Account Funds

The crime of fraud is only stipulated in a form of count of crime in our criminal law, which means there is a vast space for its interpretation. The author thinks that the crime of fraud, although is a kind of independent violation of property crime, has typical characteristics in many ways. While there’s a difference between the form of triangle fraud and the general fraud, triangle fraud is still one form of it and reflects typical features of common crime of fraud.The behavior of the selected case in this paper is to be entrusted to speculate in the stock market, use the identity card of others and open a new account in the name of others privately, then sale the stock in the primary account and transfer the proceeds into the new account and then take them away through the securities professionals. It has three characteristics: subjectively, with the purpose of illegal possession; objectively, carry out the behavior of fictional facts, conceal the truth, cheat the securities professionals; dupes and victims should be inconsistent. To make the correct identification we must analysis the theoretical problems of the foregoing behavior. Therefore, the author use the Wu Hua fraud to lead to the related theoretical issues, comparative analysis the essential difference between the elements of the crime of several common property crimes in real life. This paper is divided into four sections, totally about 22,000 words.Part I: Introduction of the basic facts. This section concludes four parts: the cause of action, case introduction, different opinions of the case, the focus of dispute of the selected case. This part lists the defending opinions on the case of procuratorial organ, the Court of First Instance and second instance and the defense counsel, and then leads to the focus of dispute.Part II: The jurisprudence analysis of related legal issues. Combine the case and the focus of dispute of the case to conduct an academic discuss of the related theoretical issues. This part mainly focus on the analysis and research on the understanding and identification of the objective elements of the crime of theft, fraud and embezzlement.Part III: Analysis on the conclusion of the case. Combine the above theoretical analysis and the facts of the case, and apply to the relevant laws and regulations, we can draw a reasonable conclusion of the case; the defendant-Wu Hua’s behavior has the essential characteristics of the crime of fraud, meets the constituent elements of the crime of fraud and the tripartite fraud as well.Part IV: The study revelation of the case. This part mainly generalizes the qualification of such cases. When the securities professionals transfer out or transfer in the equity fund of shareholders in accordance with relevant documents, they have the right and status to dispose the property of the victim.The key distinction between the crime of fraud and other crimes is whether the dupes have the right and status to dispose the property. This section through putting forward some legislative proposals on these issues, hope to provide a reference to deal with such cases in the judicial practice.