On The Boundary Of Property Crime In Peaceful Type

In the judicial practice,the property crime in a peaceful way accounts for relatively large proportion and it is hard to divide the boundary between each crime with the upgrade of behavior means.This thesis makes research on some difficult issues in the recognition of the fraud crime,theft crime and embezzlement crime through the analysis of the fraud crime committed by a Chen and a Luo,with the purpose to judge the nature of the doer's act and convict him with what charges in a criminal fact with theft,fraud and embezzlement involved.This thesis elaborates the key points and steps for the differentiation of these three crimes and proposes the model for the boundary division of property crime in a peaceful type.Part One introduces the details of the case,including the fraud case committed by the Chen and the Luo and the reasons for the recognition of the fraud crime,theft crime and embezzlement crime.Part Two makes legal analysis.The reasons for the intersection of the embezzlement crime and the key for differentiation include the time of the illegal possession,the characteristics of the victim's behavior,theft behavior,cheating behavior and embezzlement behavior and the influence of the object of crime on the identification of charges.Part Three makes comprehensive analysis of the case.This part makes conclusion of this thesis through legal analysis and the reasons for identifying the act of the Chen and the Luo as the theft crime rather than fraud crime of embezzlement crime.Part Four elaborates the enlightenment from the research of this case and probes into the model for the differentiation of the boundary between the fraud crime,theft crime and embezzlement crime.Confirms whether the model for the differentiation is operable and practicable through different cases.Part Five is the conclusion.