On Determining The Nature Of Combined Crimes Including Car Rental Fraud, Pledge Loan Fraud And Stealing Back The Car

The development of market-oriented economy brings forth great changes to people's lifestyle. Car, as a better choice in our daily life, makes a boom of car leasing business. However, it promotes the economy as well as leads to some problems. Somebody defrauds leasing cars and gets loan by counterfeit information. Cases like this increase across the country year by year. Those who want something for nothing not only violate the creditor's property but also cause a terrible loss for the car leasing company. There occur different choices of law on defining the nature of a certain case, the subjective intent of the defendant and the amount of crime and some case handler make different judgment over the same case. All of these problems have a bad influence on the development of economy and disgrace the justice and authority.This thesis, more than twenty thousand words, mainly covers four parts, namely, introduction of the case, analysis of relevant legal problems, analysis and conclusion of the case and what to learn from it.The first part is a guide to the case,including the cause of action, introduction of the case and disputes. In terms of the nature of the case and its dispute, the author summarizes three issues: how to define the nature of the case in which Sun, the defendant, defrauded the car leasing company; how to define that Sun stole the car used as pledge after he got the loan; how to confirm the amount of crime.The second part makes an analysis of relevant legal problems. The author, at first, analyzes the illegal possession in Criminal Law and the details of contract in contract fraud, compares fraud and the criminal object in contract fraud and concludes that the car leasing contract belongs to the “contract” in contract fraud.Then relevant problems of fraud and contract fraud are analyzed and the nature of loan fraud and theft is defined. At last,to confirm the amount of crime. An analysis of the criterion of theft, contract fraud and some other theory is a preparation for following confirmation of the amount of crime.The third part comes to the conclusion. After an analysis of the relationship between Sun's several actions, the author, based on the principles of implicated offence, deems that Sun committed contract fraud and theft and was subjected to combined punishment for several crimes. The amount of crime should cover the original value of the car and the value at which it was sold later.The last part refers to what to learn from this case. It is a summary and sublimation which highlights the meaning of “contract” in contract fraud and compares the constitutive elements of two crimes in order to distinguish contract fraud and fraud. Obviously Sun's case is a kind of contract fraud. It elucidates the objective elements of theft and fraud and defines the accurate nature of the case in the hope that this thesis can be helpful to the judicial practice in the future.