Qualitative Analysis On The Behavior Of Stealing Pledged Property After Receiving Its Consideration By Forging Certificates

Recently, as high-speed development of the economy in China, the amount of money in crime of fraud & burglary becomes much more huge, and the ways of committing crimes turns into more and more complex, this change not only will affect stability of the economic order, but also will undermine stability and unity of our society. Thus our government should pay high attention to this kind of property-infringement cases and fight with this kind of case harshly. In interactive crime between crime of fraud and burglary, the right determination on nature and the name of this kind of case will bring us much more theoretical value and guiding significance. When facts of a case meet the constitutive requirements of two crimes at a same time, then there will be imaginative overlapping of offenses, implicated relationship and continuous crime etc., which aroused intense discussion in practice on how to convict and sentence rightly and whether the behaviors of fraud & burglary should be evaluated generally. Based on this, the author will take the Sun Case as an example to introduce four different opinions about how to determine the nature, and she will further expound theoretical difficulties about the interactive crime between crime of fraud and burglary, then, she will analyze all behaviors of the suspect in this case with legal theory.The focuses of dispute about this case includes:(1) Whether the behavior of impersonated disposition is crime of fraud;(2) Possession is the legal interest protected by burglary;(3) Whether the behaviors committed by the suspect Sun is implicated relationship. The author mainly analyzes and discusses these focuses of dispute and then draws her own conclusion.There are 23000 words in this whole text. It includes four parts except introduction:In the first part, the author tells details about this case. First, she introduces basic information about the Sun Case, after that, she clarifies several different opinions about Sun's behaviors, and she concludes three main focuses of dispute at last.The second part demonstrates that the author gives a jurisprudence analysis. This part is the most important, which includes four aspects:(1) She generally introduces crime of fraud including the understanding of making up facts, concealing the truth, recognition mistake, victim's acts of disposition and loses of property and then gives jurisprudence analysis;(2) She analyzes the legal rights protected by burglary. There are three different doctrines on this problem. The author compares three doctrines specifically and draws a conclusion that possession is the legal right protected by burglary;(3) She introduces the definition, features and the scope of implicated relationship, and then analyzes whether Sun's behavior is implicated relationship.The third part tells the specific conclusion of this research. Combined with above jurisprudence analysis, then she puts the theory into this case and divided this case into two stages, after this, she analyzes the two stages separately and draws the conclusion: the behavior of impersonated disposition by pledge is not crime of fraud but civil act; the behavior of stealing back the pledged property should be determined as burglary and Sun's acts is not implicated relationship. At last, the author draws a conclusion that Sun's acts should be evaluated as burglary generally.The fourth part shows several enlightenments of the research on this case. According to the analysis of this case, the author then lead further qualitative research on interactive crime between crime of fraud and burglary, in order to provide judges with methodology & some other some useful guidance and fight crimes fairly.