Qualitative Study On The Behavior Of Compensation Funds By Deception

Fraud is more often occur in the type of crime in property crime, it not only seriously violated the ownership of public or private property, also disturbed the social order, it has always been the focus of the criminal law. Because of the crime of fraud and the crime of corruption, there is a certain coincidence of the object and behavior, in practice correctly distinguish them have certain difficulties. Especially in recent years, the national staff and non-state staff collusion, conspiracy to obtain compensation cases emerge in endlessly. Across different courts for such cases qualitative, therefore, need a response theory, the unified judicial practice. This article is a case analysis type article, is a typical case as the breakthrough point, through the case discusses the theoretical issues involved, to handle the case of reasonable conclusion, in order to practice departments to deal with similar cases in the future to provide certain reference.Full text in addition to the introduction, consists of four parts, about 20000 words.The first part is the basic situation of the case. Mainly includes the cause of action-Liaomou, Xiaomou corruption case, simple facts of the case introduction, differences on handling the case, and through refining differences on the focus of dispute to the case. The focus of this case is four.: first, Definition of property attribute Liaomou, Xiaomou obtained;Second, Liao whether the use of a position to facilitate; Third, Liaomou, Xiaomou obtain compensation behavior is consistent with the pattern of "fraud behavior of fictitious facts,conceal the truth"; Fourthly, Liaomou and Xiaomou constitute the crime of corruption crime or fraud crime.The second part is analysis of the jurisprudence of the case. This part is the specific analysis of the legal issues involved in the focus of the above issues. First of all, in a comparative analysis of corruption, fraud, bribery crime object, the object of the crime of corruption can only be public property, the object of the crime of accepting bribes is the property of others., The crime object of the crime of fraud can be both public property and private property. Secondly, Through the introduction of the connotation and extension of the "post" and the type of the specific use of the position to define what is "the use of the convenience of the position". Again, Based on the concept of the crime of fraud, fraud in the fraud means to analyze the crime of fraud patterns Finally, Based on the relationship betweenthe identity crime and the theory of common crime, the problem of how to deal with the crime is discussed.The third part is the analysis and conclusion of the case. T This part is the point of view that is demonstrated in the synthesis above, t A concrete analysis of the case, And that in this case Liaomou and Xiaomou conspiracy taking compensation behavior constitute the crime of fraud. At the same time, through the settlement of the case, in order to provide a reference for the judicial practice to deal with similar cases.The fourth part is enlightenment of this case study. Through the study of this case, we get some enlightenment, That is to conduct a comprehensive investigation on the behavior of the state personnel and the non national staff to cheat the property of the entity. Not only to investigate the diddle property attribute, but also examine whether the state personnel use of position, only in this way can make accurate qualitative for similar actions.