A Qualitative Study Of The Act About Someone Stealing Someting Which Is Pledged By The Person Who Uses Forged Certificate

In judicial practice,it is hard to decide what crime to convict of for the person who steals the thing owned by him but has been pledged.When some cases are mixed with fraudulent elements,it becomes more difficult to distinguish and identify.Even the same case is judged differently in judicial practice.Different opinions on this lie both in theoretical and practical fields.There is a classical case in which Mr.Sun borrows a Volvo car from his uncle Mr.Ma,and pledges it to Mr.Wang through forging the vehicle registration book,but finally steals the pledged car with a spare key parked in Mr.Wang's domicile.About this,theoretical field and practical field have a hot debate where there are five different opinions.Basically,these opinions focus on whether Mr.Sun should be convicted and if convicted,which kind of conviction is appropriate.The options for the conviction mainly center on theft and fraud,both of which are very common.How to tell theft from fraud is a hard but unavoidable question in criminal judicial practice.In view of this,the paper will give an analysis of the case with the aim to provide something beneficial for adjudication.The paper with a total of more than twenty thousand words that is divided into the following four parts:The first part gives a brief introduction of the case including the cause of action,disagreements of the case and the dispute of the case.The second part analyzes the legal principles of the case.This section contains three aspects.The first aspect talks about the legal interests protected under conviction concerning property crime.Some theories related to legal interest protection in Germany,Japan,Britain,and the United States is introduced.Besides,the forefront theory at present stage in China is also introduced.Based on all of this,the author gives his own opinion.The second aspect gives an overview of theft,including the general concept,the characteristics,the constitutive requirements and the amount of theft and so on.The third aspect is about the boundary between theft and fraud,not only introducing the characteristics of the fraud,the constitutive requirements,but also giving a detailed comparison between theft and fraud,thus reaching a concrete method to distinguish fraud from theft.The third part is the conclusion of the case.In this part,In this part,we discuss the case combing with the above theory.The author think the infringement on Pawnee can be considered as the infringement on legal interest of property crime,the action of Sun should be constituted larceny,and the loan is 80 thousand Yuan,according to which the amount of steal should be indentified.The last part is enlightenment.By analyzing the case of Sun and researching relevant theory,this article clears the rationalization of Legal-economic property.Besides,when dealing with the crime that concurrence of theft and fraud in practice,some key points must be grasped,such as the difference of stolen objects,way of property transfer,disciplinary actions of victim and mentality.We should analysis concrete issues specifically when determined a criminal behavior.Because the quality of criminal behavior can be changed along with the stolen goods and mentality.