Analysis On Wang’s Fraud

Theft and fraud are common crimes that violating property. However, due to the complex reality, diverse methods of crimes and the emergence of new problems and situations, theft and fraud, the two originally well-definedcrimes have undergone profound changes on crime pattern. As a result, the act of theft and the act of fraud intertwined which makes the boundary between the two more complicated and confusing. In addition, definition standard of different judges for theft and fraud will also lead to different results at the time of judgment. Wang XX’s case which is analyzed in this thesis is precisely a case in which theft and fraud areinterwoven. Therefore, different views on the nature of thecase have produced according to its complexity. Procuratorial organ holds the opinion of theft thinking that the actor stole property by theft with no disposition. However, judicial organ’s view is fraud.In their opinion, the actor obtained property mainly by deception, and the disposition of property occurred during the action..There are four controversies in this case.First of all, whether the connotation of the act of disposition is transfer of ownership or shift of possession?By analyzing the connotation of the act of disposition and its specific methods, the author confirms the most critical point in dispute between procuratorial organ and judicial organ, that is the act of disposition is shift of possession rather than transfer of ownership. Second, did the victim receive any disposition?Through the research of the act and consciousness of disposition, it is clear that the victim has completed the disposition of the property. Then, whether the perpetrator acquires property by fraud or theft?Starting from the judgment of main measures, and taking the pivotal role of action into consideration, the major method for the doer gaining the property is fraud instead of theft, though the two methods coexisted. Last but not the least, what kind of crime is it in this case, crime of fraud or crime of theft?Combining the above theoretical analyses, the author draws the conclusion that Wang XX constitutes fraud rather than theft.