Research On The Illegal Reason Payment Encroach On Crime And Fraud

Payment for illegal reasons means someone who wants to achieve unlawful purpose gives the property to the others or a third pesson who are commissioned to transfer it. The consequences of payments for illegal reasons are different based on civil law and criminal law. In the civil law system the consequences are the loss of restitution, however there is no agreement to be achieved so far that whether it can constitute fraud or embezzlement. The key point to solve this problem depends on which method is apllied illegal relativity or illegal monism the functions and purposes are very different between the criminal law and the civil law which means that the interpretation of criminal law can not play the role of civil law and its interpretations, it needs more independent value judgments. When we try to explain the article of criminal law, interpretation based on the purpose has much more benefit on reconciling the contradictory aspects and protecting legal interests.Embezzlement try to protect the trust relationships and ownership interests, I believe that in order to protect the stability of property order, trust relationships can exist as long as the objective, do not require, the principal actors for unlawful purpose entrust their personal belongings, the perpetrator appropriated the property, should be established embezzlement. For the title, only to make an objective fact, insisting that the law of relativity, such as payment for illegal reasons for things, then receive an objective fact, already in possession of the payment thereof, so there is no room for the establishment of embezzlement; and "all" is not only including all principal, including any third person, as long as the perpetrators of such violations in the case of all objective possession, have set embezzlement. For Embezzlement of "possession", the "possession" includes legal possession and possession of the facts, and therefore does not necessarily require legal possession, illegal possession of property for the perpetrator to be appropriated and can also be set up embezzlement.In payment for illegal reasons and fraud cases, whether law or economic attribute should be paid more attention is the key point. If we pay more attention to legal property assets then the payment for illegal reasons cann’t be established as the crime of fraud. On the contrary, if we pay more attention to the importance of economic property attributes, only see the objective interests of the damaged property, then it founded fraud. The object that fraud offenses, property and property interests should be the object of crime itself must have properties, illegal services or labor can not be the object of the crime of fraud, because they do not belong to the property of interest.