Qualitative Analysis On The Act Of Gaining Interests From Demolition From Illegal Transfer After Defrauding Others’ House Property Ownership Certificate

This thesis, mainly from the perspective of judicial practice and the case that the doerswith status of functionary in state organ gain interests from demolition by taking advantage oftheir authority to commit illegal transfer after defrauding others’ house property ownershipcertificate, analyzes and elaborates in detail the nature of public property and public andprivate property required by the component of the crime of corruption and the crime of fraud,the implication and difference between taking advantage of one’s potion in the crime ofcorruption and abusing one’s authority in the crime of abusing one’s authority and concludesthat the act committed by the Tang and the Chen constitutes the crime of fraud by combiningthe provision and theory in the criminal law of the People’s Republic of China on the crime offraud and the quantity of crime.This thesis consists of four parts:Part One contains the basic information of the case and introduces the cause and detailsof the case, different opinions and the focus in debate, drawing forth the issue to be discussed.Part Two concerns the relevant legal analysis. First, this part analyzes the implication ofthe property and its relationship with the document of title through the definition of object ofcrime; next, this part illustrates the implication and difference between the “public property”,the object in crime of corruption and the “public and private property” in crime of fraud;finally, this part analyzes the specific implication and difference between taking advantage ofone’s potion in the crime of corruption and abusing one’s authority in the crime of abusingone’s authority by analyzing the relationship between abusing one’s authority and object ofcrime.Part Three includes the analysis and conclusion of the case. According to the legalanalysis and the nature of the property illegally occupied by the doers, this part excludes thepublic property required by the component of crime of corruption, elaborates that the actcommitted by the Tang and the Chen constitutes the crime of fraud with the theory that thedoers do not take advantage of their position, but abuse their authority, and then probes intothe specific issues concerning the joint crime, consummated crime and the amount of crimeinvolved in the case.Part Four proposes the enlightenment from research on the case. This part concludes the discussion on object of crime and infringing the victim by taking advantage of the doers’authority in the case and proposes that when analyzing the nature of the case in the judicialpractice, we seriously grasp the object of crime of corruption, the implication of takingadvantage of one’s potion and the relationship between the two, and differentiate the crime ofcorruption, the crime of abusing one’s authority and the crime of fraud so as to accuratelydetermine the nature.