A Research On Forged The Death Certificate Of Housing Transfer Registration Of Behavior

Base on the case which Ma defrauded the house property of his adopti-ve father,t his thesis conducts a qualitative research on forging a death certificate to defraud housin g transfer registration. As similar cases happen frequently in real life, such as a stepson fake s death certificate to transfer the house property ownership of his stepmother, a man forge s death certificate of his girlfriend to occupy her private property, a son-in-law forges de ath certificates of his mother-in-law and father-in-law to register their house property, a married couple forge the death certificate to fraud insurance etc. Such cases in judicia l practice are diverse from the cognizance of the qualitative behavior, the point of complet e crime pattern and the quantity of crimes. Thus, through this case study, people can accur ately solve the problems in similar cases, so as to safeguard judicial justice and authority.This thesis is totally around twenty thousand words, mainly divides into four parts, in cluding basic introduction, analysis on some related legal problems, analysis and concl usion, research alert of this case.The first part is the basic situation of the case, mainly includes the cause of action, the c ase introduction, the differences in opinion, the identification and disputes of the case from author, summing up the three controversial focus of the case: First, a behavior qualitative on Ma who forged death certificate to defraud housing transfer registration and sell; Second, i nfluence on the identification of complete crime cast by Ma's behavior of transfer and register the house property to his own name; Third, whether the crime behaviors of M a are defined as one crime or combined punishment for several offenses.The second part is analysis on some related legal problems. First of all, the author appl ies the distinguishing of the tripartite fraud and indirect perpetrator of theft, analyzes t he behavior of forging the death certificate to cheat the housing registration. Secondly,the author uses related theories of crime accomplishment and the nature of real estate, studies in fluence on patterns of crime accomplishment cast by housing transfer registration.Finall y, the author uses the theory of implicated offense and non-penalty post-action, analyzes the relationship between forging death certificate and cheating the housing transfer regi stration and the behavior qualitative of selling the house.The third part is the conclusion of the case study. According to the conclusion of lega l analysis, forging death certificate to fraud the housing transfer registration belongs to tri partite fraud, the offender constitute the crime of fraud. Based on the analysis of two aspe cts of the influences on time points of crime accomplishment cast by housing transfer registration and the patterns of crime accomplishment,the author defines the real estat e registration as the key remark referring to real estate crime accomplishment, which i s also crucial to the judgment of the follow-up behaviors. According to the analysis o n crime quantity theory, the behavior of forging death certificate to fraud housing tran sfer registration and sell the house shall be punished as a felony(the crime of fraud).The fourth part is research alerts of the case. As the conclusion and sublimation of t his thesis,the author analyzes and compares the constitutive requirements of the two crim es, distinguishes the tripartite fraud and indirect perpetrator of theft, draws a conclusio n that such behavior shall be punished as fraud crime. The analysis of the influences on time points of crime accomplishment cast by real estate is the innovation point of this thesis. The author defines the real estate registration as the key remark referring t o real estate crime accomplishment, which is also crucial to the judgment of the follo w-up behaviors. The application of the theory of implicated offense and non-penalty p ost-action, has directive function to the crime determination in similar cases. The anal ysis and research using this case as typical representative have significant referential va lue to the processing of such cases.