A Study On The Criminal Law Of The Possession Of The Property Of Others In The Name Of Developing Keywords

Recently,with the rapid development of Internet technology,the number of cases of crime has shown a rising trend by using the network year by year,and one of them is fraudulent behavior of others' property under the guise of the development of network keywords.And the theory has not been elaborated for this.But such cases have frequently taken place throughout the country in judicial practice,and local courts have different behavior qualitative to this.Some view that this behavior is an ordinary fraud,some view that this behavior is a contract fraud,there are some view that this behavior does not constitute a crime,but belong to the civil area of contract fraud.Similarly,the final verdict is very different,which seriously affected the justice and authority of the judiciary.This article with Mr.Wang and Chen and others possess illegally others' property under the guise of the development of cybercrime,In order to be able to provide some guidance and help in the judicial practice,we carry out detailed study through the form of the case analysis.The text is divided into four parts:About 28 thousand words.The first part is the basic situation of the case.As the first part of the text,the author gives a detailed introduction to the basic situation of the case.Secondly,with regard to the different understanding of the case,the author generalized the differences in opinion on the case of the nature and cognizance in the theoretical and practical circles.Last,Summed up the controversial focus of the case from the different views.This section is mainly for the introduction of the basic situation of the case.The second part is the legal analysis of the related problems.Focusing on the case of the divergence of views and the focus of the debate which involve the detailed analysis as for these theoretical problems from four aspects respectively.Firstly,the connotation and attribute of network keywords are discussed.Secondly,it analyzes the crime constitution of contract fraud.Third,being elaborated the concept of contract civil fraud,and made a clear distinction between the contract fraud and contract civil fraud.Finally,from the perspective of the composition of the crime,the author makes an in-depth comparison and analysis of the differences between contract fraud and fraud in object,objectivity and subject.The third part is the analysis and conclusion of this case.We make a clear boundaries through the study of the problems involved in the controversy,and finally come to the conclusion of the case involved in Mr.Wang and Chen and others who constitute the contract fraud from four aspects of the crime combined with the basic situation of the case.The fourth part is the enlightenment of this case.This part which mainly through the analysis of the case and other similar cases,pointing out that the reason why such cases emerge in an endless stream,the nature of the courts around the difference,it contributes to the lack of legal norms,un-uniform of the standard,blind investment and other aspects of investment issues.Finally,the author puts forward to his own three suggestions on the problems in the judicial practice,hoping to perfect the order of the market transactions of the network keywords in the legislation,reaffirm the nature of such cases on the judicial basis,and make the public recognize the development of keywords under the guise of fraud and other people's financial routines,in order to avoid being deceived and make rational investment.