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On The Act Of Disposition As An Element Of Fraud Crime

Posted on:2015-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ChenFull Text:PDF
GTID:2296330467469468Subject:Law
Abstract/Summary:PDF Full Text Request
As the economic system reform goes deeper, the ever-increasing diversityof economic agents leads to the increasingly diverse forms of the fraud thatseverely damages the order of market economy in China. At present, manyissues arising form the study on the crime of fraud are hugely controversialdespite of some progress. The means and ways of the fraud change with thesocial development, calling for corresponding measure to safeguard andpunish it. As one of the most common crimes against property, the crime offraud, unlike larceny and robbery, is classified as the delivery type of crime.The victim superficially hands over his property voluntarily but the onlyreason for that is the cognition error. In recent years, many new types of fraudhave arisen as a result of the new ways to pay emerging with the economicdevelopment. For instance, the fraud committed through internet or telephonetends to trick the victim into unwittingly giving his property to the criminal.Additionally, with various means of committing crime arising, the fraud tendsto be entangled with other types of crimes, increasing the difficulty ofdistinguishing it from other ones. For instance, it is hard to determine thecharge simply by intuitions in cases such as larceny committed throughdeception or fraud committed through larceny. In the complicated cases thatthe fraud is entangled with the larceny, the identification of the crime as thefraud or thief is determined by the nature of the disposition of property by thevictim,especially the cognition of whether or not and how to dispose hisproperty and the willing of handing over the property possessed or held by thehim. In view of the points stated above, the thesis focuses on the intension andextension of the act of disposition,mainly discussing the identification ofit,the relationship between the act and the intention of disposition and thevictim’s awareness of the disposition of the property and so on, with the aimof providing a new opinion on the distinction between the fraud and othercrimes against property right.
Keywords/Search Tags:the crime of fraud, the act of disposition, the intention ofdisposition, the disposition of the property
PDF Full Text Request
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