Judicial Determination On The Cases Containing The Theft And Defraud Of Phishing

As frequently occurring crimes of property violation crime in judicial practice, theft and fraud are hard to distinguish. Nowadays the development of information network and the evolution of crime patterns make the interlaced theft and fraud in "phishing" criminal case more intricate, so differences and disputes as well as different sentences often come when determining the nature of the two criminal cases. The present author makes a round analysis to the case in his work owing to legal principles, and puts forward some suggestions regulating such criminal cases.The paper contains four parts.In the first part, the author pointes out that the dispute focus against the trial result, and presents his own objections to the juridical reasons according to the basic facts of the case, the trial result, and the judgment reasoning.In the second part, the author elucidates deep legal principle based on objective trait of theft and behavioral development constitution of fraud, and makes legal principle analysis to define the two crimes especially from the perspective of act of disposition.In the third part, the author makes identification and analysis to the dispute focus as well as response and answers to objections of juridical reasons.In the fourth part, revealing the reasons of frequent victims "hook" through analysis to the inducements of "phishing" criminal cases, the author comes up with his own opinions to the new-type criminal pattern, and makes prospect from the legislative level to regulate such crimes to advance with the times along with tradition.