On Fraud Using Rental Car To Security For Obligation In The Civil Law

The fraud cases of real rights secured by vehicle after car rental happen frequently in practice,in which there exist interest conflicts involving more than one parties for the issue of overlapping between civil law and criminal law,containing multiple legal relations.The results would be different as various standards for processing such problems in judicial practice,influencing the authority of judiciary.For example,in this kind of case trial,what effects the overlapping between civil law and criminal law would exert on the case program and substantial disposition,how about the effect of rental contract and guarantee contract constituting the fraud crime,how to identify the belonging of the property right involving vehicles,how to balance the interests of vehicles owner and real right holder,and what responsibility the car rental actor should bear.The paper combining judicial practice intends to propose different processing results involving fraud case secured by vehicle after car rental in judicial adjudication through the form of case and analyze the reasons for this dis-unified case judgment so as to arrange the civil legal relationship,then seek solutions on this basis and propose recommendations for judicial processing hoping to promote the uniform of legal application on this kind of case and guiding orderly development in car rental industry through judiciary.