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On The Punishment Behavior In The Crime Of Fraud

Posted on:2017-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
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Crime of fraud is a kind of old and neoteric criminal type,and also kind of high frequency of occurrence in practice.Our country has always cracked down on fraud in terms of legislative and jurisdictional practice,but fraud cases especially the qualitative of steal and cheat cases is a matter of puzzling judicial office and staff in jurisdictional practice. So,this paper persists in disciplinary actions for share transfer of the premise, further arguing disposition must have the ability to dispose of the property, authority or position. At the same time, this article also adhere to the disposition of the possession of the transfer, said the punishment behavior necessary premise, the meaning and the direct composition of the punishment is also a necessary condition to determine the establishment of disposition,but for the amount in the disposition of the content of consciousness that the nature of the object. The understanding of the value, you need to make a concrete analysis of concrete problems. In addition, this article also thinks that the not as a fraud, fraud triangle to deceive others equally likely to give up a special form of property, several disposition constitute the crime of fraud.For this purpose,this article discusses from four parts,including introduction to act of disposition,composition element of act of disposition,kind of special forms act of disposition,significant meaning of act of disposition,in jurisdictional practice,so as to have an overall comprehension to act of disposition of fraud,then benefit to jurisdictional practice.Specific con-structure of this article as follows:Part1,introduction to act of disposition.Starting with three theories referring to transfer of ownership,transfer of occupation and transfer of possession so as to interpret the implication of act of disposition,and then draw a conclusion that transfer of possession is of scientificity and rationality by comparison.Raising issues of whether act of disposition is necessary for the founding of fraud on not by discussion to domestic and overseas legislation general situation.Specify act of disposition is independent composition element to fraud through insistence to necessary theory of act of disposition.Part2,composition elements of act of disposition.At first,starting with the subject of the act of disposition to illustrate the subject of the disposition must be provided withcorresponding ability,permission and status of disposition,from three parts refer to camp theory.Subjection and authority theory to demonstrate whether the subject has the permission or status to dispose the property of the victims or not, and show clearly that infants severe mental disorders and machines without corresponding dispose ability,cheating them just can constitute crime of theft.Similary,cheating the property of dupe without dispose permission or status also constitute the theft.And then analyses the puzzling question based on the object of act of disposition to jurisdictional practice,taking property,property rights,illegal reason supply,virtual property as objects to discuss and show clearly that four kinds of controversial objects can be objects of act of disposition.At last,through discussing the necessity of consciousness of act of disposition to the establishment act of disposition,on the premise of insisting act of consciousness,clearly making re-laxative understanding to the content of act of consciousness,and also emphasize direct element is the condition to thee establishment of act of disposition.Part3,special kinds of form to act of disposition.The author discuss from several aspects refer to fraud crime of omission,tripartite fraud deceiving others into giving up property,and then clearly point out that deceptive behavior of fraud may made up of omission,litigious swindling is a special form of tripartite fraud and conforms with the feature of fraud,the act that actor deceive others into giving up property so that gaining it is also constiture fraud.Part4,the significance of act of disposing property in jurisdictional practice.Starting with cases and analysis them,judge the existence about act of disposition through using above knowledge in specific case,and then have an accurate definition to cases so that act of disposition can exert its effect during cases-processing,as well as guide jurisdictional practice.
Keywords/Search Tags:fraud, act of disposition, consciousness of disposition, permission of disposition, object of disposition
PDF Full Text Request
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